PEOPLE v. DAVIS

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).