Opinion
June 19, 1990
Appeal from the Supreme Court, New York County (Edward McLaughlin, J.).
Defendant's negotiated sentence does not violate the Constitution's prohibition against cruel and unusual punishment, and is not the result of an abuse of discretion by the sentencing court. Defendant was a subordinate, but fully culpable, participant in a sizeable drug-trafficking operation. We therefore find that the sentence imposed by the court, pursuant to the negotiated plea arrangement, was fair (cf., People v Farrar, 52 N.Y.2d 302, 305), and defendant should, accordingly, be bound by its terms. (People v. Brito, 154 A.D.2d 293.)
Concur — Kupferman, J.P., Sullivan, Rosenberger, Kassal and Smith, JJ.