Opinion
October 15, 1985
Appeal from the County Court, Suffolk County (Sherman, J.).
Judgment affirmed.
On this appeal, the defendant contends for the first time that, as applied to him, the second violent felony offender statute (Penal Law § 70.04) is unconstitutional. Having failed to raise this issue prior to the imposition of sentence, the defendant has not preserved for appellate review the constitutionality of the second violent felony offender statute (see, CPL 470.05; People v Oliver, 63 N.Y.2d 973; People v Cates, 104 A.D.2d 895; People v Carrisquello, 106 A.D.2d 513). In any event, were we to review the issue presented, we would conclude that under the circumstances present there is no merit to the defendant's claim that the sentences imposed were so disproportionate to the crimes committed as to constitute cruel and unusual punishment (see, United States v Ortiz, 742 F.2d 712, cert denied ___ US ___, 105 S Ct 573; People v Donovan, 89 A.D.2d 968, affd 59 N.Y.2d 834). Mollen, P.J., Thompson, Bracken and O'Connor, JJ., concur.