People v. Pedraza

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.