BUFFALO, N.Y. - The southern tier man who was sentenced to two to six years in prison for the crash that killed his young son is no longer locked up.

The Erie County District Attorney's Office says a state court has stayed the sentence of Kevin McCabe while he appeals his conviction for manslaughter.

McCabe was behind the wheel of a pick-up truck that slammed into a truck on Route 16 in Sardinia last October, killing his 4-year-old son Tristan and badly injuring his young niece.

The DA's office says it's confident McCabe will serve his sentence.