Opinion
Submitted October 18, 1946
Decided November 21, 1946
Appeal from the Supreme Court, Appellate Division, Second Department, FARRELL, J.
Benjamin J. Jacobson and Joseph S. Moore for appellant.
Charles P. Sullivan, District Attorney, Queens County ( John H.W. Krogmann of counsel), for respondent.
Judgments reversed and indictment dismissed on the ground that there is no evidence of culpable negligence of the defendant. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.