People v. Black

23 A.D.3d 490, 803 N.Y.S.2d 912

Opinion

Appeal by the defendant from an order of the County Court, Dutchess County (Dolan, J.), dated March 31, 2004, which denied his motion pursuant to CPL 440.20 to vacate a judgment of the same court rendered February 3, 1995.

Ordered that the order is affirmed.

The defendant’s contention that his sentencing as a persistent felony offender violated his constitutional right to a jury trial pursuant to Apprendi v New Jersey (530 US 466 [2000]), is unpreserved for appellate review and, in any event, is without merit (see People v Rivera, 5 NY3d 61 [2005], cert denied — US —, 126 S Ct 564 [Oct. 31, 2005]; People v Rosen, 96 NY2d 329 [2001], cert denied 534 US 899 [2001]).

The defendant’s remaining contentions are unpreserved for appellate review and, in any event, without merit. H. Miller, J.P., Cozier, Ritter and Dillon, JJ., concur.