People v. Bell

Full title: The PEOPLE, etc., Respondent, v. Earl BELL, Jr., Appellant.

Court: Court of Appeals of New York.

Date published: May 2, 2013

988 N.E.2d 1285 (N.Y. 2013)

988 N.E.2d 1285

966 N.Y.S.2d 773

2013 N.Y. Slip Op. 3123

Opinion

2013-05-2

The PEOPLE, etc., Respondent, v. Earl BELL, Jr., Appellant.

Alex Smith, Middletown, for appellant. Francis D. Phillips, II, District Attorney, Middletown (Andrew R. Kass of counsel), for respondent.

Alex Smith, Middletown, for appellant. Francis D. Phillips, II, District Attorney, Middletown (Andrew R. Kass of counsel), for respondent.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order modified by reducing defendant's conviction of depraved indifference murder in the second degree to manslaughter in the second degree and remitting to County Court, Orange County, for resentencing and, as so modified, affirmed ( see People v. Bussey, 19 N.Y.3d 231, 947 N.Y.S.2d 381, 970 N.E.2d 404 [2012] ).

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and RIVERA concur.