The defendant's contention that he was improperly sentenced as a second felony offender is unpreserved for appellate review (see CPL 470.05[2]; People v Smith, 73 N.Y.2d 961, 962-963). Nevertheless, we reach the issue in the exercise of our interest of justice jurisdiction (see People v Johnson, 192 A.D.3d 909; People v Ramirez, 192 A.D.3d 825; People v Salako, 165 A.D.2d 846).
DECISION & ORDER Appeals by the defendant, as limited by his motion, from three resentences of the Supreme Court, Queens County (Stephanie Zaro, J.), imposed May 17, 2021, May 21, 2021, and May 24, 2021, respectively, after a remittitur from this Court for resentencing (seePeople v. Johnson, 192 A.D.3d 909, 140 N.Y.S.3d 758 ), on the ground that the resentences were excessive. ORDERED that the resentences are affirmed.
DECISION & ORDER Appeals by the defendant, as limited by his motion, from three resentences of the Supreme Court, Queens County (Stephanie Zaro, J.), imposed May 17, 2021, May 21, 2021, and May 24, 2021, respectively, after a remittitur from this Court for resentencing (see People v Johnson, 192 A.D.3d 909), on the ground that the resentences were excessive. ORDERED that the resentences are affirmed.
ORDERED that the judgments are modified, as a matter of discretion in the interest of justice, by vacating the defendant's adjudication as a second felony offender, and reducing the period of postrelease supervision imposed on the conviction of attempted criminal possession of a weapon in the second degree from five years to three years, and the period of postrelease supervision imposed on the conviction of attempted criminal possession of a controlled substance in the third degree from three years to two years; as so modified, the judgments are affirmed. Although the defendant's contention that he was improperly adjudicated as a second felony offender is unpreserved for appellate review, we reach it in the exercise of our interest of justice jurisdiction (seePeople v. Terry, 194 A.D.3d 855, 143 N.Y.S.3d 905 ; People v. Johnson, 192 A.D.3d 909, 910, 140 N.Y.S.3d 758 ). As the People correctly concede, the defendant was improperly adjudicated as a second felony offender based on his federal conspiracy conviction (see People v. Ramos , 19 N.Y.3d 417, 420, 948 N.Y.S.2d 239, 971 N.E.2d 369 ; People v. Sumter , 157 A.D.3d 1125, 70 N.Y.S.3d 253 ).
ORDERED that the judgments are modified, as a matter of discretion in the interest of justice, by vacating the defendant's adjudication as a second felony offender, and reducing the period of postrelease supervision imposed on the conviction of attempted criminal possession of a weapon in the second degree from five years to three years, and the period of postrelease supervision imposed on the conviction of attempted criminal possession of a controlled substance in the third degree from three years to two years; as so modified, the judgments are affirmed. Although the defendant's contention that he was improperly adjudicated as a second felony offender is unpreserved for appellate review, we reach it in the exercise of our interest of justice jurisdiction (see People v Terry, 194 A.D.3d 855; People v Johnson, 192 A.D.3d 909, 910). As the People correctly concede, the defendant was improperly adjudicated as a second felony offender based on his federal conspiracy conviction (see People v Ramos, 19 N.Y.3d 417, 420; People v Sumter, 157 A.D.3d 1125).
ORDERED that the judgments are modified, as a matter of discretion in the interest of justice, by vacating the defendant's adjudication as a second felony offender, and reducing the period of postrelease supervision imposed on the conviction of attempted criminal possession of a weapon in the second degree from five years to three years, and the period of postrelease supervision imposed on the conviction of attempted criminal possession of a controlled substance in the third degree from three years to two years; as so modified, the judgments are affirmed. Although the defendant's contention that he was improperly adjudicated as a second felony offender is unpreserved for appellate review, we reach it in the exercise of our interest of justice jurisdiction (see People v Terry, 194 A.D.3d 855; People v Johnson, 192 A.D.3d 909, 910). As the People correctly concede, the defendant was improperly adjudicated as a second felony offender based on his federal conspiracy conviction (see People v Ramos, 19 N.Y.3d 417, 420; People v Sumter, 157 A.D.3d 1125).
Although the defendant's contention that he was improperly adjudicated as a second felony offender is unpreserved for appellate review, we reach it in the exercise of our interest of justice jurisdiction (see People v Terry, 194 A.D.3d 855; People v Johnson, 192 A.D.3d 909, 910).