Opinion
October 5, 1992
Appeal from the Supreme Court, Suffolk County (McInerney, J.).
Ordered that the sentence is affirmed.
The defendant failed to timely raise the issue of whether he was properly sentenced as a second felony offender by not controverting the allegations in the predicate felony statement (CPL 400.21). Accordingly, this claim is unpreserved for our review (see, People v Smith, 73 N.Y.2d 961, 962-963), and we decline to reach it in the exercise of our interest of justice jurisdiction. Mangano, P.J., Thompson, Balletta, Ritter and Pizzuto, JJ., concur.