Opinion
February 8, 1988
Appeal from the County Court, Suffolk County (Floyd, J.).
Ordered that the sentence is affirmed.
The defendant contends that the sentence imposed, albeit within the statutory limits (see, Penal Law § 70.06 [c]; [4] [b]; § 70.25 [2-b]), violates the constitutional prohibition against cruel and unusual punishment. This issue was not preserved for appellate review as the defendant neither controverted his status as a second felony offender at sentencing nor contested the applicability of Penal Law § 70.25 (2-b), which, in the absence of designated factors, mandated the imposition of a consecutive sentence (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, there are no exceptional circumstances to support a claim that the sentence imposed constituted cruel and unusual punishment (see, People v Jones, 39 N.Y.2d 694, 697; People v Albano, supra). Mangano, J.P., Kunzeman, Rubin, Kooper and Harwood, JJ., concur.