Appellate Division of the Supreme Court of the State of New York April 26, 1982 (People v. O'Neill)

OPINION OF THE COURT

Gibbons, J. P.

The question presented, for resolution on this appeal is whether the fact alone that, in the commission of an armed felony, the defendant uses a starter pistol, incapable of inflicting harm, can provide the requisite “mitigating circumstances that bear directly upon the manner in which the crime was committed”, so as to permit the court to consider the youth