People v. Messer (305 A.D.2d 260, 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.

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 [2001], cert denied 534 US 899 [2001]). Concur — Nardelli, J.P., Saxe, Sullivan, Wallach and Gonzalez, JJ.