Opinion
June 8, 1987
Appeal from the County Court, Suffolk County (D'Amaro, J.).
Ordered that the sentence is affirmed.
The sole issue raised by the defendant on this appeal is that the sentence imposed was cruel and unusual punishment in that it prevented him from completing a drug rehabilitation program in which he was enrolled. This contention is without merit.
The defendant, as a second felony offender, received the minimum sentence permissible under law (Penal Law § 70.06, 140.25 Penal, 110.00 Penal). In light of the defendant's lengthy criminal record, there is no merit to his claim that his sentence, which was imposed in accordance with the plea agreement, was cruel and unusual or unduly harsh and excessive (see, People v Broadie, 37 N.Y.2d 100, cert denied 423 U.S. 950; People v Suitte, 90 A.D.2d 80; People v Kazepis, 101 A.D.2d 816). Mangano, J.P., Bracken, Niehoff, Kooper and Spatt, JJ., concur.