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PEOPLE v. BROWN

16 A.D.3d 430 (2005)

790 N.Y.S.2d 411

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD BROWN, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 7, 2005.

Ordered that the judgment is affirmed.

The defendant's constitutional challenge to the mandatory sentence enhancement provisions of Penal Law § 70.08 on the ground that there is no provision for a jury trial to determine the facts of his prior violent felony convictions, is unpreserved for appellate review, as he failed to object to the predicate felony statement or to the constitutionality of those convictions (see People v Callahan,

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