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PEOPLE v. BELL

No. 139 SSM 6.

21 N.Y.3d 915 (2013)

988 N.E.2d 1285

966 N.Y.S.2d 773

2013 NY Slip Op 3123

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EARL BELL, JR., Appellant.

Court of Appeals of New York.

Decided May 2, 2013.

Attorney(s) appearing for the Case

Alex Smith , Middletown, for appellant.

Francis D. Phillips, II , District Attorney, Middletown ( Andrew R. Kass of counsel), for respondent.

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 N.Y.3d 231 [2012]).

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