PEOPLE v. TUZZIO

Ordered that the judgment is affirmed.

The court did not improvidently exercise its discretion in sentencing the defendant as a persistent felony offender (see, Penal Law § 70.10). The record reflects that the sentence was appropriate in that "the history and character of the defendant and the nature and circumstances of his criminal conduct indicate that extended incarceration and life-time supervision will best serve the public interest" (Penal Law § 70.10; see, CPL 400.20; People v. Andre, 232 A.D.2d 884).

The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.

Sullivan, J. P., Krausman, Florio and Smith, JJ., concur.