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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTHUR DiMARCO, Appellant.

Ordered that the sentences and the amended sentence are affirmed.

The record does not support a finding that the sentences and the amended sentence imposed constitute cruel and unusual punishment in violation of constitutional proscriptions (NY Const, art I, § 5; US Const 8th Amend; People v. Broadie, 37 N.Y.2d 100, cert denied 423 U.S. 950). The sentences imposed were well within the range of authorized sentences for the crimes to which the defendant pleaded guilty and were the terms for which the defendant freely bargained. Thus, they did not constitute cruel and unusual punishment for these crimes or for this defendant (see, People v. Jones, 39 N.Y.2d 694; People v Vasquez, 104 A.D.2d 1012). Thompson, J.P., Kunzeman, Eiber, Spatt and Balletta, JJ., concur.

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PEOPLE v. DiMARCO
(Apr 17, 1989)