People v. Badylewicz , 61 N.Y.S.2d 804 ( 1946 )

Judgment of conviction and order reversed on the facts and a new trial granted on the ground that the evidence fails to establish defendant’s guilt beyond a reasonable doubt. All concur, except Dowling, J., who dissents and votes for affirmance. (The judgment convicts defendant of criminal negligence in the operation of a vehicle resulting in death. The order denies a motion for a new trial.) Present — Taylor, P. J., Dowling, MeCurn, Larkin and Love, JJ.