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PEOPLE v. ROBERTS

144 A.D.2d 395 (1988)

The People of the State of New York, Respondent, v. Darron Roberts, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 7, 1988

Ordered that the sentence and amended judgment are affirmed.

The defendant contends on appeal that the sentences imposed by the court, in compliance with the terms of his negotiated plea bargain, constitute cruel and unusual punishment in violation of constitutional proscriptions (NY Const, art I, § 5; US Const 8th Amend). "[O]rdinarily a sentence that is within statutory limits does not constitute cruel and unusual punishment absent exceptional circumstances...

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