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People v. Medina

140 A.D.2d 549 Court N.Y. App. Div. Decision date 1988-05-16 English

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p. 549
The People of the State of New York, Respondent, v Agustin Medina, Appellant.

The defendant argues on appeal that the sentence imposed constitutes cruel and unusual punishment in violation of

p. 550
constitutional proscriptions (NY Const, art I, § 5; US Const 8th Amend). "[Ojrdinarily a sentence that is within statutory limits does not constitute cruel and unusual punishment absent exceptional circumstances” (People v Albano, 124 AD2d 739 , 740, lv denied 69 NY2d 824 ). We find no such exceptional circumstances at bar. The record reflects that the trial court considered the defendant’s background, his lack of a prior criminal history and the circumstances of the crime before imposing a sentence which was less than the maximum permissible term for a class B violent felony offender. Thompson, J. P., Brown, Weinstein and Spatt, JJ., concur.

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