Opinion
2343
November 26, 2002.
Judgment, Supreme Court, Bronx County (Laura Safer-Espinoza, J.), rendered December 10, 1998, convicting defendant, after a plea of guilty, of robbery in the first degree, and sentencing him, as a persistent violent felony offender, to a term of 16 years to life, unanimously affirmed.
CLARIS R. SUKKAR, for respondent.
ELIZABETH SACK FELBER, for defendant-appellant.
Before: Nardelli, J.P., Andrias, Buckley, Sullivan, Friedman, 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 534 US 899, 122 S.Ct. 224).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.