Opinion
March 19, 1990
Appeal from the County Court, Orange County (Byrne, J.).
Ordered that the sentence is affirmed.
The sentence imposed does not constitute cruel and unusual punishment in violation of constitutional limitations (see, NY Const, art I, § 5; US Const 8th Amend; People v Jones, 39 N.Y.2d 694; People v Broadie, 37 N.Y.2d 100, cert denied 423 U.S. 950). Furthermore, the sentence, which was the product of a negotiated plea bargain and is within the legally permissible range for a class B violent felony offense (see, Penal Law §§ 70.02 [a]; [3] [a]; [4]), is not unduly harsh or excessive (see, People v Kazepis, 101 A.D.2d 816). Thompson, J.P., Lawrence, Sullivan, Harwood and Balletta, JJ., concur.