PEOPLE v. LENZ

Defendant cannot now complain of his adjudication as a second felony offender. He did not controvert the predicate felony statement although he was given the opportunity to do so; therefore, any question as to whether his prior conviction in Nebraska for robbery is equivalent to a felony conviction in New York has not been preserved for our review (see, People v. Smith, 73 N.Y.2d 961; People v. Blackwell, 151 A.D.2d 686).

Judgment affirmed. Kane, J.P., Casey, Mikoll, Yesawich, Jr., and Mercure, JJ., concur.