Opinion
KA 03-00717.
Decided March 19, 2004.
Appeal from a judgment of the Cayuga County Court (Peter E. Corning, J.), rendered March 19, 2003. The judgment convicted defendant, upon his plea of guilty, of murder in the second degree.
CHARLES A. MARANGOLA, MORAVIA, FOR DEFENDANT-APPELLANT.
JAMES B. VARGASON, DISTRICT ATTORNEY, AUBURN (SAMUEL J. FINNESSEY, JR., OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: GREEN, J.P., PINE, SCUDDER, GORSKI, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of murder in the second degree (Penal Law § 125.25), defendant contends that the sentence of an indeterminate term of incarceration of 25 years to life constitutes cruel and unusual punishment as applied to him and is unduly harsh and severe. We disagree. Although the Court of Appeals in People v. Broadie ( 37 N.Y.2d 100, 111, cert denied 423 U.S. 950) recognized that a sentence that is "grossly disproportionate to the crime" may be considered cruel and unusual punishment, this is not one of the rare cases envisaged by Broadie ( see People v. Thompson, 83 N.Y.2d 477, 484). We further reject defendant's contention that the bargained-for sentence on the charge as reduced from murder in the first degree (§ 125.27 [1] [a] [vii]) is unduly harsh or severe.