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.