Opinion
March, 1936.
Present — Martin, P.J., Townley, Untermyer, Dore and Cohn, JJ.; Dore, J., dissents and votes for affirmance.
Judgment convicting defendant of assault in the third degree (Penal Law, § 244, subd. 2) reversed and the information dismissed. Culpable negligence on the part of the defendant within the meaning of section 244, subdivision 2, Penal Law, was not established beyond a reasonable doubt.