Opinion
May 8, 1986
Appeal from the Supreme Court, New York County (Arnold Fraiman, J.).
Defendant was charged with all of the counts as to which the jury found him guilty, except that prior to submission to the jury, two assault in the first degree counts were reduced to assault in the third degree and a count of reckless endangerment in the first degree was dismissed.
The charges and indictment stemmed from an April 30, 1983 incident in which a vehicle driven by defendant crashed through a display window of a clothing store on West 34th Street in Manhattan, killing a young woman and injuring 17 others.
We have no intention of minimizing the seriousness of defendant's crime or its impact upon the family of the decedent. However, in view of the nature and circumstances of the crime and the consistent remorse expressed by defendant for the tragic consequences of the crash, we have concluded that the sentence was excessive to the extent indicated.
We have examined the other claims of error advanced on defendant's behalf, and find them to be without merit.
Concur — Murphy, P.J., Sandler, Fein, Kassal and Ellerin, JJ.