Opinion
September 8, 1986
Appeal from the County Court, Westchester County (Martin, J.).
Judgments affirmed.
The defendant failed to raise any objections to the constitutionality of the mandatory sentencing scheme of Penal Law § 70.00 before the sentencing court, and, therefore, the issue of law is unpreserved for appellate review (CPL 470.05). In any event, we find no merit to the defendant's contention that such provisions constitute cruel and unusual punishment either on their face or as applied (see, People v Jones, 39 N.Y.2d 694; People v Broadie, 37 N.Y.2d 100, cert denied 423 U.S. 950; People v Donovan, 89 A.D.2d 968, affd 59 N.Y.2d 834). Finally, as the sentences imposed were the result of a negotiated plea, the defendant may not now be heard to complain that they are excessive (see, People v Kazepis, 101 A.D.2d 816). Brown, J.P., Niehoff, Rubin and Kunzeman, JJ., concur.