Ordered that the judgment is affirmed.
The defendant's constitutional challenge to the mandatory sentence enhancement provisions of Penal Law § 70.08, raised for the first time on appeal, is not preserved for appellate review as matter of law ( see People v. Rosen, 96 NY2d 329, cert denied 534 US 899; People v. Besser, 96 NY2d 136; People v. Norris, 5 AD3d 796, 797; People v. Josey, 5 AD3d 398, 399). In any event, we find that the mandatory sentence enhancement provisions of Penal Law § 70.08 do not violate either the Federal or the State Constitution ( see Apprendi v. New Jersey, 530 US 466, 490; Almendarez-Torres v. United States, 523 US 224; People v. Rosen, supra; People v. Horn, 7 AD3d 638, lv denied 3 NY3d 659; People v. Horne, 6 AD3d 549, lv denied 3 NY3d 641).