Appellate Division of the Supreme Court of the State of New York April 5, 1985 (Aston v. Rydzynski)

Where, as here, the penalty is challenged as arbitrary and capricious, the question is whether it is “ ‘so disproportionate to the offense as to be shocking to one’s sense of fairness’ ” (Matter of Gibides v Powers, 45 NY2d 994, 996, quoting Matter of Pell v Board of Educ., 34 NY2d 222, 237).