| People v Bell |
| 2013 NY Slip Op 03123 [21 NY3d 915] |
| May 2, 2013 |
| Court of Appeals |
| As corrected through Wednesday, June 26, 2013 |
[*1]
| The People of the State of New York, Respondent, v Earl Bell, Jr., Appellant. |
Decided May 2, 2013
People v Bell, 82 AD3d 997, modified.
APPEARANCES OF COUNSEL
Alex Smith, Middletown, for appellant.
Francis D. Phillips, II, District Attorney, Middletown (Andrew R. Kass of counsel), for respondent.
{**21 NY3d at 916} OPINION OF THE COURT
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 NY3d 231 [2012]).
Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott and Rivera.