PEOPLE v. RUIZ

Ordered that the judgment is affirmed.

The defendant failed to controvert any of the allegations in the predicate felony offender statement at the time of sentencing. Thus, the issue of whether the court improperly sentenced him as a second felony offender has not been preserved for appellate review (see, CPL 400.21; People v. Smith, 73 N.Y.2d 961; People v. Self, 186 A.D.2d 600), and we decline to reach it in the exercise of our interest of justice jurisdiction. Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.