DECISION ORDER
ORDERED that the judgment is affirmed.
The Supreme Court providently exercised its discretion in making its Sandoval ruling ( see People v. Sandoval, 34 N.Y.2d 371; People v. Mitchell, 298 A.D.2d 602; People v. Hegdal, 266 A.D.2d 472, 473; People v. Wilder, 253 A.D.2d 472).
The defendant's constitutional challenge to his adjudication as a persistent violent felony offender is unpreserved for appellate review and, in any event, is without merit ( see People v. Rosen, 96 N.Y.2d 329, 335, cert denied 534 U.S. 899; People v. Messer, 305 A.D.2d 260, 261, lv denied 100 N.Y.2d 584; People v. Lebron, 293 A.D.2d 689, 690; People v. Rice, 285 A.D.2d 617).
ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.