Opinion
November 27, 1989
Appeal from the County Court, Westchester County (Colabella, J.).
Ordered that the sentence is affirmed.
We find no merit to the defendant's contention that the sentence imposed constitutes cruel and unusual punishment in violation of constitutional proscriptions (see, N Y 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 C felony offense (Penal Law § 70.06 [c]; [4] [b]), was excessive. In any event, the sentence was the one for which the defendant freely bargained and, thus, he has no cause to complain that it was unduly harsh or excessive (see, People v Kazepis, 101 A.D.2d 816 ). Thompson, J.P., Bracken, Brown, Sullivan and Rosenblatt, JJ., concur.