DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, his right to a speedy trial pursuant to CPL 30.30(1) was not violated. When the periods of delay attributable to the defendant's pretrial motion to dismiss and to adjournments in his favor are excluded, the number of days chargeable to the People is less than the six months within which the People must be ready for trial (see People v. Durette, 222 A.D.2d 692).
The defendant's contention that his sentencing as a persistent felony offender violated his constitutional rights to notice and a jury trial pursuant to Apprendi v. New Jersey ( 530 U.S. 466) is without merit (see People v. Rosen, 96 N.Y.2d 329, cert denied 122 S.Ct. 224).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contention is unpreserved for appellate review and, in any event, is without merit.
PRUDENTI, P.J., SMITH, FRIEDMANN and ADAMS, JJ., concur.