People v. Tuck (224 A.D.2d 913, 1996)

—Upon remittitur from the Court of Appeals, judgment unanimously affirmed.

Memorandum: We conclude that the conviction of reckless endangerment in the first degree is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495) and that defendant’s sentence is not unduly harsh or severe. (Appeal from Judgment of Erie Supreme Court, Wolfgang, J.— Reckless Endangerment, 1st Degree.) Present — Pine, J. P., Fallon, Wesley, Callahan and Davis, JJ.