PEOPLE v. SANDERS

Ordered that the judgment is affirmed.

The record does not establish that the court imposed the sentence that it did because the defendant chose to go to trial (see, People v. Pena, 50 N.Y.2d 400, cert denied 449 U.S. 1087; cf., People v. Patterson, 106 A.D.2d 520).

The sentence imposed under the circumstances of this case was appropriate and did not constitute an abuse of discretion (see, People v. Suitte, 90 A.D.2d 80). Mangano, J.P., Brown, Niehoff and Eiber, JJ., concur.