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297 A.D.2d 553

People v. Cuffee

Appellate Division of the Supreme Court of the State of New York · decided 2002-09-19

Decided 2002-09-19

¶1*554Defendant’s constitutional challenge to the procedure under which he was sentenced as a persistent violent felony offender is unpreserved for appellate review and, in any event, is without merit (see People v Rosen, 96 NY2d 329, cert denied 534 US 899). Concur — Wallach, J.P., Lerner, Rubin, Friedman and Gonzalez, JJ.

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