There is a guilty plea in the hit-and-run last June that killed a woman as she walked with her daughters and grandson on Empire Boulevard in Webster.
Maxwell Ward, of Penfield, admitted hitting the group, killing 41-year-old Oksana Zakharchyshyn.
He was using a smart phone app and holding a cigar as he went out of his lane and hitting the family.
Ward will serve four to 12 years in prison for vehicular manslaughter and leaving the scene.
Today in court he apologized to the family.