Opinion
November 18, 1985
Appeal from the Supreme Court, Suffolk County (McInerney, J.).
Judgments affirmed.
Defendant failed to demonstrate the "showing of irrationality" needed to overturn the statutory sentencing scheme as unconstitutional in its application (see, People v Piccoli, 62 A.D.2d 1078), and also failed to demonstrate that the statute is facially unconstitutional (see, People v Broadie, 37 N.Y.2d 100, cert denied 423 U.S. 950). We further note that the sentence imposed following the conviction for criminal possession of a controlled substance in the third degree was less than that which was promised when that plea was entered. Mollen, P.J., Thompson, Brown and Lawrence, JJ., concur.