Erik Duran, an ex-NYPD sergeant convicted of manslaughter, will be released from prison as he appeals his sentence, a state court ruled Friday. Duran was found guilty of recklessly throwing a loaded cooler at a fleeing drug suspect in the Bronx, causing fatal injuries. 

The 38-year-old was granted bail after securing the $300,000 set by a judge and is expected to be released from the Elmira Correctional Facility in the Southern Tier early next week.

"He will remain free throughout his appeal," the president of the Sergeants Benevolent Association .   

Duran's attorneys said they were "very pleased but not surprised that the Appellate Division found that there are legitimate appellate issues in Sgt. Duran's case."

"The government concedes that Sergeant Duran is not a flight risk and is not a danger to the community," attorney Arthur Aidala told CBS News New York. 

"It was obvious to the Court that [Duran] ... was entitled to be at home with his family during dependency of the appeal," Aidala said earlier in a statement. 

Ex-NYPD sergeant sentenced in bench trial

Duran was sentenced in April to three to nine years in prison for the death of Eric Duprey, who allegedly sold drugs to an undercover Bronx officer and tried to flee on a motorized scooter when being placed under arrest on Aug. 23, 2023.    

Duran was found guilty of second-degree manslaughter by Bronx Supreme Court Judge Guy Mitchell in a bench trial; there was no jury. He's the first NYPD member in a decade to be found guilty of causing a civilian's death while on duty.  

Black Lives Matter of Greater New York held a small protest against the decision to grant Duran's bail in Manhattan's Flatiron District. 

"When was the last time you heard of a person being convicted of killing someone and then being released on bail?" a man at the rally said. 

"The Duprey family is deeply disappointed by the Appellate Division's decision to grant bail pending appeal. While we respect the appellate process, this outcome reopens painful wounds for a family that has already endured an immense loss," said Jonathan Roberts, the attorney for Duprey's family. "Our focus remains on seeking accountability and ensuring that the seriousness of what occurred is never diminished. We will continue to stand with the Duprey family as this case proceeds, and we remain confident that the judicial process will ultimately uphold justice."

The New York Attorney General's Office, which prosecuted Duran, had no comment the bail decision.   

Islanders promote sergeant's defense fund

The New York Islanders promoted Duran's defense fund on their jumbotron during their final game of the season on Tuesday. The team declined to comment on the video asking fans to join "the fight for justice" after it was criticized by Duprey's family.

"The Duprey family is deeply disturbed and disheartened to learn that the New York Islanders used their platform to promote a fundraiser benefiting the individual that was responsible for Eric Duprey's death," Duprey's family said in a statement, in part. "At a time when his family continues to grieve to amplify support of the person responsible for his death is both painful and profoundly inappropriate."

"What's been going on here was a terrible injustice and this kid should never have even set foot inside a prison," said Vincent Vallelong, president of the NYPD Sergeants Benevolent Association.

The union cannot pay Duran's legal fees since he is no longer with the NYPD. 

Judge watched video of 2023 incident

Video of the deadly incident shows Duran hurling a picnic cooler at Duprey's head to get him to stop. Duprey then swerves and slides under a vehicle. He was pronounced dead from blunt force trauma to the head.

Prosecutors told the judge that Duran was trying to "save an arrest," not lives, and that Duprey was not an imminent threat. They argued it would have been more reasonable to yell "Look out!" or "Watch out!"

Duran testified Duprey was going to crash into officers if he was not stopped. Defense attorneys argued Duprey died because of a  "series of bad choices," including selling drugs, driving an illegal motorbike and driving on the sidewalk.