PEOPLE v. MOORE

Ordered that the sentence is affirmed.

We find no merit to the defendant's contention that the sentence imposed constitutes 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; People v Albano, 124 A.D.2d 739, 740, lv denied 69 N.Y.2d 824). Furthermore, as the sentence imposed was the result of a negotiated plea, the defendant may not now be heard to complain that it was excessive (see, People v Kazepis, 101 A.D.2d 816). Thompson, J.P., Bracken, Brown, Weinstein and Spatt, JJ., concur.