Opinion
1175
May 20, 2003.
Judgment, Supreme Court, New York County (Harold Beeler, J.), rendered November 1, 2000, convicting defendant, upon his plea of guilty, of attempted robbery in the first degree, and sentencing him, as a persistent violent felony offender, to a term of 18 years to life, unanimously affirmed.
Christopher Wilson, for respondent.
John Schoeffel, for defendant-appellant.
Before: Nardelli, J.P., Saxe, Sullivan, Wallach, Gonzalez, 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 U.S. 899).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.