PEOPLE v. PRINDLE

No. 8

16 N.Y.3d 768 (2011)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL EDWARD PRINDLE, Appellant.

Court of Appeals of New York.

Decided February 22, 2011.


Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester ( Drew R. DuBrin of counsel), for appellant.

Michael C. Green , District Attorney, Rochester ( Leslie E. Swift of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, SMITH and JONES concur in memorandum; Judge PIGOTT dissents and votes to affirm in an opinion in which Judges GRAFFEO and READ concur.


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.*

On October 9, 2004, defendant and a separately charged individual were in the...

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