PEOPLE v. ATKINSON, 97 (N.Y. 7-5-2006)

Order modified by reducing defendant's conviction of murder in the second degree to manslaughter in the second degree and remitting to Supreme Court, Queens County, for resentencing and, as so modified, affirmed, in a memorandum.

Judge Graffeo concurs in result on constraint of People v. Suarez ( 6 NY3d 202).