
    [673 NE2d 1238, 651 NYS2d 11]
    The People of the State of New York, Appellant, v Donald Lowe, Respondent.
    Argued September 4, 1996,
    decided October 10, 1996
    
      APPEARANCES OF COUNSEL
    
      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.
   OPINION OF THE COURT

Order, insofar as appealed from, affirmed. We agree with the majority at the Appellate Division (214 AD2d 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.  