Opinion
2003-01013.
April 25, 2006.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered January 24, 2003, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Michelle Mogal of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Thomas W. Comer of counsel), for respondent.
Before: Schmidt, J.P., Santucci, Rivera and Dillon, JJ., concur.
Ordered that the judgment is affirmed.
The defendant's contention that he was deprived of a fair trial because of prosecutorial misconduct during summation is unpreserved for appellate review ( see CPL 470.05) and, in any event, does not require reversal ( see People v. Ayala, 4 AD3d 480).
The defendant's contentions that his sentencing as a persistent felony offender violated his constitutional rights to notice and a jury trial pursuant to Apprendi v. New Jersey ( 530 US 466), and that the Supreme Court did not comply with the procedural requirements of Penal Law § 70.10 and CPL 400.20 in adjudicating him a persistent felony offender, are unpreserved for appellate review and, in any event, are without merit ( see CPL 470.05; People v. Rivera, 5 NY3d 61, 67, cert denied ___ US ___, 126 S Ct 564; People v. Rosen, 96 NY2d 329, 335, cert denied 534 US 899; People v. Horn, 7 AD3d 638).