Opinion
April 25, 1988
Appeal from the Supreme Court, Suffolk County (McInerney, J.).
Ordered that the sentence is affirmed.
The defendant's claim, raised for the first time on appeal, that the mandatory life sentence provided under the sentencing statute is unconstitutional as applied to him is unpreserved for appellate review (CPL 470.05; People v. Rosado, 123 A.D.2d 334, lv denied 68 N.Y.2d 1003; People v. Thomas, 108 A.D.2d 884). In any event, we find no merit to the defendant's contention that his sentence of an indeterminate term of three years' to life imprisonment, the minimum permissible term for a conviction of a class A-II felony offense (Penal Law § 70.00 [a]; [3] [a] [ii]), constitutes cruel and unusual punishment in violation of constitutional limitations (NY Const, art I, § 5; U.S. 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 Donovan, 89 A.D.2d 968, affd 59 N.Y.2d 834). The circumstances extant at bar do not constitute one of those "rare cases" envisioned by People v. Broadie (supra, at 119) where the mandatory sentencing statutes for drug-related offenses are so disproportionate to the offense as to be unconstitutional as applied. Finally, as the sentence imposed was the result of a negotiated plea and was also the minimum permissible term, the defendant has no cause to complain that it is unduly harsh or excessive (see, People v. Rosado, supra; People v. Kazepis, 101 A.D.2d 816). Thompson, J.P., Bracken, Brown, Weinstein and Spatt, JJ., concur.