May 2, 2013
SSM 6 THE PEOPLE &C., RESPONDENT,
EARL BELL, JR., APPELLANT.
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
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 ).
Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott and Rivera concur.
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