PEOPLE v. POLITE

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.