—[*1] Robert S. Dean, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Joshua F. Magri of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Efrain Alvarado, J.), rendered March 1, 2004, as amended April 26, 2006, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of six years, unanimously affirmed.

Defendant's constitutional challenge to the procedure under which he was adjudicated as a second felony offender is without merit (see Almendarez-Torres v United States, 523 US 224 [1998]). Concur—Mazzarelli, J.P., Andrias, Sullivan, Williams and McGuire, JJ.