Opinion
June 25, 1992
Appeal from the County Court of Ulster County (Vogt, J.).
Contrary to defendant's contention, the mandatory prison sentence he received of 15 years to life upon his plea of guilty to a class A-1 felony does not constitute cruel and unusual punishment in violation of either the State or Federal Constitutions (see, N Y Const, art I, § 5; US Const 8th Amend; People v. Broadie, 37 N.Y.2d 100, cert denied 423 U.S. 950; People v. Miranda, 155 A.D.2d 901, lv denied 75 N.Y.2d 773). Furthermore, it cannot be said on the particular facts of this case that the statutory sentence (see, Penal Law § 70.00 [a]; [3] [a] [i]) was unconstitutionally applied to defendant (see, People v. Broadie, supra). The record shows, inter alia, that the amount of cocaine sold was substantial and that defendant was a willing participant (see, People v. Marine, 162 A.D.2d 275). It should also be noted that the plea was in full satisfaction of a nine-count indictment and that the sentence was part of the negotiated plea (see, People v. Moore, 141 A.D.2d 769).
Mikoll, J.P., Yesawich Jr., Crew III, Casey and Harvey, JJ., concur. Ordered that the judgment is affirmed.