Opinion
March 5, 1990
Appeal from the County Court, Orange County (Carey, J.).
Ordered that the sentence is affirmed.
The sentence imposed does not constitute cruel and unusual punishment in violation of constitutional limitations (NY Const, art I, § 5; US 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). Nor do we find, under the circumstances of this case, that the sentence, which was within the legally permissible range for a second felony offender convicted of a class B felony offense (Penal Law § 70.06 [b]; [4] [b]), was excessive. In any event, the sentence was the product of a negotiated plea bargain and, thus, the defendant has no cause to complain that it was unduly harsh or excessive (see, People v Kazepis, 101 A.D.2d 816). Thompson, J.P., Lawrence, Sullivan, Harwood and Balletta, JJ., concur.