Opinion
No. 139 SSM 6
05-02-2013
The People & c., Respondent, v. Earl Bell, Jr., Appellant.
Submitted by Alex Smith, for appellant. Submitted by Andrew R. Kass, for respondent.
Submitted by Alex Smith, for appellant.
Submitted by Andrew R. Kass, for respondent.
On review of submissions pursuant to section 500.11 of the Rules, 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 NY3d 231 [2012]). Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott and Rivera concur.