Opinion
April 17, 1989
Appeal from the County Court, Suffolk County (Vaughn, J.).
Ordered that the sentence is affirmed.
The defendant's sole argument on appeal is that the sentence imposed constitutes cruel and unusual punishment in violation of constitutional proscriptions (NY Const, art I, § 5; US Const 8th Amend). "[O]rdinarily a sentence that is within statutory limits does not constitute cruel and unusual punishment absent exceptional circumstances (People v. Jones, 38 N.Y.2d 694)" (People v. Albano, 124 A.D.2d 739, 740, lv denied 69 N.Y.2d 824; People v. Roberts, 144 A.D.2d 395; People v. Medina, 140 A.D.2d 549, 550). In this case, the sentencing court considered, inter alia, the fact that the defendant, who was adjudicated a second felony offender, was under probationary supervision at the time he committed this offense, before imposing, as promised, the less than maximum permissible term for a class C second felony offense. There are no exceptional circumstances in this case warranting modification of the sentence. Mangano, J.P., Brown, Lawrence, Kooper and Harwood, JJ., concur.