Opinion
November 6, 1989
Appeal from the County Court, Westchester County (Cowhey, J.).
Ordered that the sentence is affirmed.
We find no merit to the defendant's contention that his sentence of 2 1/2 to 5 years' imprisonment, the statutory minimum term for a second violent felony offender convicted of a class D violent felony offense (Penal Law § 70.04 [c]; [4]), constitutes cruel and unusual punishment (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). Moreover, as the sentence imposed was the result of a negotiated plea, the defendant may not now be heard to complain that it was excessive (see, People v Kazepis, 101 A.D.2d 816).
We note that the court properly ordered that the sentence run consecutively to a term of imprisonment the defendant was serving upon his conviction of a crime committed while he was free on bail and while the instant charges were pending (see, Penal Law § 70.25 [2-b]). We decline to exercise our interest of justice jurisdiction to provide that those sentences shall run concurrently to each other, as no mitigating circumstances are evident in this record. Thompson, J.P., Bracken, Brown, Sullivan and Rosenblatt, JJ., concur.