Opinion
Argued September 4, 1996
Decided October 10, 1996
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, George D. Covington, J.
Robert T. Johnson, District Attorney of Bronx County, Bronx (Lisa Ellen Mudd and Billie Manning of counsel), for appellant.
Elizabeth B. Emmons, New York City, and Daniel L. Greenberg for respondent.
Order, insofar as appealed from, affirmed. We agree with the majority at the Appellate Division ( 214 A.D.2d 1) that there was insufficient evidence to sustain the conviction for criminally negligent homicide.
Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK.