Judgment unanimously affirmed. Memorandum: Defendant contends that County Court improperly sentenced him as a second felony offender. Because, at the time of sentencing, defendant failed to controvert the allegations in the second felony offender statement and admitted that he was convicted of possession of a controlled substance as a felony in California in 1993, that contention has not been preserved for our review (see, People v Gessner, 188 A.D.2d 1079, lv denied 81 N.Y.2d 1073; see also, People v Smith, 73 N.Y.2d 961, 962-963; People v Shine, 186 A.D.2d 1041, lv denied 80 N.Y.2d 1030). There is no merit to the contention of defendant that the sentence is unduly harsh or severe.
The suppression court's determination that the statements of defendant were voluntarily made after he knowingly, intelligently and voluntarily waived his Miranda rights is supported by the record (see, People v McPherson, 213 A.D.2d 1074, lv denied 85 N.Y.2d 977). The contention of defendant that the statement should have been suppressed as the fruit of an illegal warrantless arrest at his home (see, Payton v New York, 445 U.S. 573) was not raised either in defendant's motion papers or at the suppression hearing. Therefore, that issue has not been preserved for our review (see, CPL 470.05; People v Swimley, 190 A.D.2d 1070, 1071, lv denied 81 N.Y.2d 977).