PEOPLE v. BOATWRIGHT

Ordered that the sentence is affirmed.

The sentence imposed does not constitute cruel and unusual punishment in violation of constitutional limitations (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). 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 [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). Thompson, J.P., Lawrence, Sullivan, Harwood and Balletta, JJ., concur.