New York Court of Appeals December 18, 2012 (People v. Martinez)

lead-opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified, by vacating defendant’s conviction of depraved indifference murder, dismissing that count of the indictment and remitting to Supreme Court for resentencing and, as so modified, affirmed, with leave to the People, if so advised, to present a charge of manslaughter in the first degree to a new