Opinion
No. 2003-11248.
October 17, 2006.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McDonald, J.), rendered December 10, 2003, convicting him of attempted burglary in the second degree, upon a jury verdict, and imposing sentence.
Before: Miller, J.P., Goldstein, Mastro and Dillon, JJ., concur.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt ( see Penal Law §§ 110.00, 140.25; People v Castillo, 47 NY2d 270, 274-277; People v Mitteager, 44 NY2d 927, 928).
The defendant's contention that his adjudication as a persistent violent felony offender violated his right to a jury trial is unpreserved for appellate review, and in any event, is without merit ( see People v Rosen, 96 NY2d 329, cert denied 534 US 899; see also People v Rivera, 5 NY3d 61, 67).
The defendant's contentions raised in his supplemental pro se brief are without merit.