PEOPLE v. BLACK

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), is unpreserved for appellate review and, in any event, is without merit ( see People v. Rivera, 5 NY3d 61, cert denied ___ US ___, 126 S Ct 564 [Oct. 31, 2005]; People v. Rosen, 96 NY2d 329, cert denied 534 US 899).

The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.