People v. Cuffee (297 A.D.2d 553, 2002)

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 NY2d 329, cert denied 534 US 899). Concur — Wallach, J.P., Lerner, Rubin, Friedman and Gonzalez, JJ.