The essential facts in this case are undisputed. Appellant emigrated with his mother from Ecuador in 1980, at the age of 16. After graduating from high school, he began working full time at a jewelry import company while attending Hunter College. At the time of the incident appellant was 21 years of age, still employed full time, and attending Control Data Institute in midtown Manhattan where he studied computer programming.
On the evening of January 24, 1985, appellant...
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