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PEOPLE v. MANCINI

7 N.Y.3d 767 (2006)

853 N.E.2d 224

819 N.Y.S.2d 855

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GINA MANCINI, Appellant.

Court of Appeals of New York.

Decided July 5, 2006.

Attorney(s) appearing for the Case

Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp, David C. Shopp and Barbara J. Davies of counsel), for appellant.

Frank J. Clark, District Attorney, Buffalo (Michael L. McCabe and J. Michael Marion of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, READ and R.S. SMITH concur; Judge GRAFFEO dissents and votes to affirm in an opinion.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified by reducing defendant's conviction of depraved indifference murder (Penal Law § 125.25 [2]) to manslaughter in the second degree (Penal Law § 125.15 [1]), and by remitting the case to Supreme Court for resentencing and, as so modified, affirmed. Defendant did not commit depraved indifference murder within the meaning of the statute (see People v Suarez,<...

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