Opinion
437
March 7, 2002.
Judgment, Supreme Court, New York County (Colleen McMahon, J.), rendered September 12, 1997, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 12 years to life, unanimously affirmed.
Annica H. Jin for respondent.
Elizabeth Sack Felber for defendant-appellant.
Before: Williams, J.P., Mazzarelli, Andrias, Lerner, Marlow, JJ.
Defendant's constitutional challenge to the procedure under which he was sentenced as a persistent violent felony offender is unpreserved for appellate review and, in any event, is without merit (see, People v. Rosen, 96 N.Y.2d 329, cert denied U.S. 122 S.Ct. 224).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.