While an inmate at Elmira Correctional Facility in Chemung County, defendant was indicted for promoting prison contraband in the first degree and assault in the second degree. Following a jury trial, defendant was convicted of both counts and sentenced, in absentia, as a second felony offender to concurrent prison terms of 3 1/2 to 7 years on each charge, to run consecutive to the sentence he was then serving. We reject defendant's contention that the criminal prosecution and conviction violated his constitutional protection against double jeopardy because he had already been punished in a prison disciplinary proceeding for the same incidents. It is well settled that State and Federal constitutional double jeopardy provisions do not protect a defendant from being sentenced in a criminal prosecution for conduct which had previously been the subject of prison disciplinary sanctions ( see, People v. Vasquez, 89 N.Y.2d 521, 532-533, cert denied sub nom. Cordero v. Lalor, 522 U.S. 846; People v. Reyes, 240 A.D.2d 860). Furthermore, we do not find the sentences to be so disproportionate to the crimes committed as to constitute cruel and unusual treatment.
Mercure, J.P., Crew III, White, Peters and Graffeo, JJ., concur.
Ordered that the judgment is affirmed.