Opinion
January 23, 1989
Appeal from the Supreme Court, Westchester County (Delaney, J.).
Ordered that the judgment is affirmed.
The defendant's argument that his treatment as a second felony offender (see, Penal Law § 70.06) resulted in the imposition of a sentence which constitutes cruel and unusual punishment in violation of the Eighth Amendment of the US Constitution is not preserved for appellate review (see, People v Oliver, 63 N.Y.2d 973, 975; People v Navas, 114 A.D.2d 425). This argument is, in any event, without merit. Mangano, J.P., Bracken, Eiber, Spatt and Sullivan, JJ., concur.