Opinion
March 6, 1989
Appeal from the County Court, Westchester County (Rosato, J.).
Ordered that the sentence is affirmed.
The defendant, who was adjudicated a second felony offender, received the terms of incarceration which he was promised. The terms are the minimum legal terms (see, Penal Law § 70.06 [b]; [4] [b]; § 70.15 [1] [a], [b]). Under the circumstances, including the defendant's lengthy criminal record, a lesser sentence is neither warranted in the interest of justice nor mandated by constitutional considerations (see, People v Broadie, 37 N.Y.2d 100, cert denied 423 U.S. 950; People v Kazepis, 101 A.D.2d 816; People v. Suitte, 90 A.D.2d 80). Thompson, J.P., Kunzeman, Eiber, Spatt and Balletta, JJ., concur.