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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE JUSTICE, Appellant.

Ordered that the sentence is affirmed.

As part of his plea, the defendant was promised that the maximum sentence he would receive would be 4 to 12 years' imprisonment. Under the circumstances, he has no basis to now complain that his sentence was excessive (see, People v. Ramos, 109 A.D.2d 898; People v. Kazepis, 101 A.D.2d 816). Furthermore, given the heinous nature of the crimes with which he was charged, the defendant's contention that the sentence imposed was unconstitutionally excessive is without merit. Mangano, J.P., Brown, Lawrence, Kooper and Harwood, JJ., concur.

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PEOPLE v. JUSTICE
(Apr 3, 1989)