The sentence here was excessive even given defendant's second felony offender status ( see, People v. Cowell, 170 A.D.2d 343, lv denied 77 N.Y.2d 993). It appears that the sentence was based on evidence of uncharged crimes rather than solely on the crime for which defendant was convicted, and, given the pretrial offer of a plea with a promise of 2 1/2 to 5 years and the codefendant's plea to a pretrial offer of 1 to 3 years, that defendant was impermissibly punished for exercising his constitutional right to a trial by jury ( People v. Brown, 70 A.D.2d 505, 506). We have reviewed defendant's remaining contentions and find that they do not warrant disturbance of the jury's verdict, which was amply supported by the overwhelming evidence of defendant's guilt.
Concur — Sullivan, J.P., Ellerin, Rubin, Williams and Tom, JJ.