People v. Pedraza — 66 N.Y.2d 626

Majority

p. 626

The People of the State of New York, Respondent, v Armando Pedraza, Appellant.

Argued September 9, 1985;

decided October 8, 1985

p. 627

APPEARANCES OF COUNSEL

Jonathan H. Oberman and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Michael J. Eng and Billie Manning of counsel), for respondent.

OPINION OF THE COURT

Order affirmed. It is clear from this record that the sentencing court did consider "the nature and circumstances of the crime and * * * the history and character of the defendant” (Penal Law § 70.02 [2] [c] [i]), correctly including whether, in view of defendant’s physical condition, a sentence of imprisonment would be "unduly harsh”. Thus, it cannot be said that the court failed to exercise its discretion or abused that discretion as a matter of law.

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone.