People v. DeFalco

— Appeal by the defendant, as limited by his brief, from a sentence of the County Court, Suffolk County (Vaughn, J.), imposed November 17, 1986, upon his conviction of burglary in the second degree, after a plea of guilty, the sentence being 4 to 8 years’ imprisonment.

Ordered that the sentence is affirmed.

The defendant’s sole argument on appeal is that the sentence imposed constitutes cruel and unusual punishment in violation of constitutional proscriptions (NY Const, art I, § 5; US Const 8th Amend). "[Ojrdinarily a sentence that is within statutory limits does not constitute cruel and…