Opinion
2005-00589.
July 11, 2006.
Appeal by the defendant, as limited by his brief, from a sentence of the Supreme Court, Kings County (Ferdinand, J.), imposed December 8, 2004, upon his conviction of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon his plea of guilty.
Before: Florio, J.P., Santucci, Mastro, Rivera and Covello, JJ.
Ordered that the sentence is affirmed.
The defendant's claim that the sentence imposed constituted cruel and unusual punishment is unpreserved for appellate review (see People v Rosario, 22 AD3d 871, 872, lv denied 6 NY3d 780; People v Gomez, 277 AD2d 250, 251; People v Bolton, 239 AD2d 511, 512) and, in any event, is without merit. There are no exceptional circumstances warranting modification of the sentence, which was the statutory minimum and the result of a negotiated plea (see People v Robinson, 156 AD2d 731, 732; People v Buffa, 139 AD2d 751, 751-752; People v Albano, 124 AD2d 739, 740).