PEOPLE v. RODRIGUEZ-ORTIZ

Defendant's waiver of his right to appeal encompasses his present constitutional challenge to the procedure under which he was sentenced as a persistent violent felony offender ( see People v. Callahan, 80 NY2d 273, 281; People v. Figueroa, 13 AD3d 163, lv denied 4 NY3d 798). Were we to find that this issue was not waived, we would find it to be unpreserved and, in any event, without merit ( see People v. Rosen, 96 NY2d 329, cert denied 534 US 899). Defendant's mandatory sentence was based entirely on his prior convictions ( see Almendarez-Torres v. United States, 523 US 224).