Opinion
November 7, 1988
Appeal from the County Court, Nassau County (Boklan, J.).
Ordered that the sentence and amended judgment are affirmed.
The defendant contends on appeal that the sentences imposed by the court, in compliance with the terms of his negotiated plea bargain, constitute cruel and unusual punishment in violation of constitutional proscriptions (NY Const, art I, § 5; US Const 8th Amend). "[O]rdinarily a sentence that is within statutory limits does not constitute cruel and unusual punishment absent exceptional circumstances (People v. Jones, 39 N.Y.2d 694)" (People v. Albano, 124 A.D.2d 739, 740, lv denied 69 N.Y.2d 824; People v. Medina, 140 A.D.2d 549). After reviewing the record on this appeal, we find no exceptional circumstances to support such a claim. Thompson, J.P., Lawrence, Rubin, Harwood and Balletta, JJ., concur.