People v. Nieves

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mclnerney, J.), rendered November 30, 1987, convicting him of criminal sale of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that his sentence of three years to life, the minimum period of incarceration permitted by statute (see, Penal Law § 70.00), constitutes cruel and unusual punishment under the circumstances of this case is without merit. In view of the defendant’s criminal record, his history of…