People v. Polite

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC POLITE, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 8, 1996

223 A.D.2d 564 (N.Y. App. Div. 1996)

636 N.Y.S.2d 1018

Opinion

January 8, 1996

Appeal from the Supreme Court, Queens County (Cooperman, J.).

Ordered that the judgment is affirmed.

At the time of sentencing, the defendant failed to controvert any of the allegations in the persistent violent felony offender statement. Thus, the issue of whether the court improperly sentenced him as a persistent violent felony offender has not been preserved for appellate review (see, CPL 400.16; 400.15 [3]; People v Smith, 73 N.Y.2d 961; People v Ruiz, 213 A.D.2d 501; People v Self, 186 A.D.2d 600), and we decline to reach it in the exercise of our interest of justice jurisdiction. Bracken, J.P., O'Brien, Ritter, Friedmann and Goldstein, JJ., concur.