Opinion
Decided May 17, 1984
Appeal from the Appellate Division of the Supreme Court, in the Second Judicial Department.
Martin Bradley Ashare, County Attorney ( Marion T. McNulty of counsel), for appellant.
Robert D. MacLachlan, Jr., for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), determination appealed from and order of the Appellate Division brought up for review reversed, with costs, and the original determination of appellant reinstated. The punishment was not so disproportionate to the offense, in light of all the circumstances, as to be shocking to one's sense of fairness ( Matter of Pell v Board of Educ., 34 N.Y.2d 222, 237).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.