People v. Boatwright
| Decision Date | 05 March 1990 |
| Citation | 552 N.Y.S.2d 379,159 A.D.2d 510 |
| Parties | The PEOPLE, etc., Respondent, v. Reginald BOATWRIGHT, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Jonathan C. Scott, St. James, for appellant.
Before THOMPSON, J.P., and LAWRENCE, SULLIVAN, HARWOOD and BALLETTA, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant, as limited by his brief, from a sentence of the County Court, Orange County (Carey, J.), imposed April 26, 1988, upon his conviction of criminal sale of a controlled substance in the third degree, upon his plea of guilty, the sentence being an indeterminate term of 5 to 10 years' imprisonment.
ORDERED that the sentence is affirmed.
The sentence imposed does not constitute cruel and unusual punishment in violation of constitutional limitations (N.Y.Const., art. I, § 5; U.S. Const. 8th Amend.; People v. Jones, 39 N.Y.2d 694, 385 N.Y.S.2d 525, 350 N.E.2d 913; People v. Broadie, 37 N.Y.2d 100, 371 N.Y.S.2d 471, 332 N.E.2d 338, cert. denied 423 U.S. 950, 96 S.Ct. 372, 46 L.Ed.2d 287). Nor do we find, under the circumstances of this case, that the sentence, which was within the legally permissible range for a second felony offender convicted of a Class B felony offense (Penal Law § 70.06[3][b]; [4][b], was excessive. In any event, the sentence was the product of a negotiated plea bargain and, thus, the defendant has no cause to complain that it was unduly harsh or excessive (see, People v. Kazepis, 101 A.D.2d 816, 475 N.Y.S.2d 351).
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