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] ).