Opinion
(1454) KA 99-1650.
November 9, 2001.
(Appeal from Judgment of Ontario County Court, Harvey, J. — Criminal Sale Controlled Substance, 3rd Degree.)
PRESENT: PINE, J.P., HAYES, HURLBUTT, KEHOE AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
We reject defendant's contentions that the sentence imposed constitutes cruel and unusual punishment ( see, People v. Thompson, 83 N.Y.2d 477, 482-485; People v. Broadie, 37 N.Y.2d 100, 117, cert denied 423 U.S. 950; People v. Brown, 245 A.D.2d 1098) and is unduly harsh or severe ( see, People v. Kidd, 265 A.D.2d 859, 860, lv denied 94 N.Y.2d 824). Also contrary to defendant's contention, the verdict is not against the weight of the evidence on the issue of defendant's identity ( see, People v. Owens, 275 A.D.2d 905, 906 , lv denied 95 N.Y.2d 937, 939; see generally, People v. Bleakley, 69 N.Y.2d 490, 495).