Opinion
November 28, 1988
Appeal from the County Court, Rockland County (Nelson, J.).
Ordered that the sentence is affirmed.
The sentence imposed does not constitute cruel and unusual punishment in violation of constitutional proscriptions (NY Const, art I, § 5; US Const 8th Amend; People v. Jones, 39 N.Y.2d 694; People v. Broadie, 37 N.Y.2d 100, cert denied 423 U.S. 950; People v. Hoffman, 125 A.D.2d 407). Nor do we find the defendant's sentence to be excessive. The sentence imposed upon the defendant as a second felony offender was the minimum sentence legally permissible (Penal Law § 70.06 [d]; [4] [b]) and was the sentence for which the defendant freely bargained. Thus, he has no cause to complain that it is unduly harsh or excessive (see, People v. Hoffman, supra; People v. Schwartz, 112 A.D.2d 257; People v. Kazepis, 101 A.D.2d 816). Thompson, J.P., Lawrence, Rubin, Harwood and Balletta, JJ., concur.