| N.Y. App. Div. | Feb 16, 1940
Judgment unanimously reversed and the information dismissed on the ground that the People’s evidence failed to sustain the finding that the defendant was guilty of culpable negligence under the rule laid down in People v. Angelo (246 N.Y. 451" date_filed="1927-11-22" court="NY" case_name="People v. Angelo">246 N. Y. 451). Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.