Opinion
July 11, 1988
Appeal from the County Court, Westchester County (Colabella, J.).
Ordered that the judgment is affirmed.
The defendant was permitted to plead guilty to the reduced charge of burglary in the second degree in exchange for an indeterminate sentence of 3 1/2 to 7 years' imprisonment, which is slightly in excess of the minimum allowable sentence for this class C violent felony conviction, given the defendant's status as a second felony offender (see, Penal Law § 70.06 [c]; [4] [b]). At sentencing, the defendant never controverted his status as a second felony offender.
For the first time on appeal, the defendant argues that the bargained-for sentence imposed by the court, albeit within the statutory limits, was violative of the constitutional prohibition against cruel and unusual punishment. This issue has not been preserved for appellate review (see, People v. Albano, 124 A.D.2d 739, lv denied 69 N.Y.2d 824; People v. Thomas, 108 A.D.2d 884). In any event, the contention is devoid of merit, particularly in view of the violent nature of the defendant's criminal acts, his extensive criminal record and the absence of exceptional circumstances (see, People v. Jones, 39 N.Y.2d 694). Mangano, J.P., Kunzeman, Rubin, Kooper and Harwood, JJ., concur.