Oswego (WSYR-TV) -- A man convicted of murdering his step-sister 11-year-old Erin Maxwell was moved Tuesday to the Oswego County Correctional Facility to await his resentencing. He was being held at the state's Greenpoint Correctional Facility.
Alan Jones was convicted of murder, but the state Appellate Division, the state's second-highest court, threw out the conviction. The court ruled he should have been convicted of manslaughter because there wasn't enough evidence that he had acted with depraved indifference
to human life, as the murder charge required. It would drop his 25-to-life sentence to no more than 15 years.
Oswego County District Attorney Greg Oakes plans to appeal the charge; however there is no timetable as to when that might happen.
With Jones back in the county, Judge Walter Hafner can now schedule the resentencing. A date has not yet been set.