PEOPLE v. HORN

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15).

The defendant's contention that his adjudication as a persistent violent felony offender violated his right to a jury trial is unpreserved for appellate review, and, in any event, is without merit ( see People v. Telesford, 2 A.D.3d 757; People v. McKenzie, 298 A.D.2d 409; People v. Rice, 285 A.D.2d 617).

The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).

RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.