
    Fourth Department,
    October, 1949.
    (October 5, 1949.)
    The People of the State of New York, Respondent, v. Leonard P. Lee, Appellant.
   Memorandum: In our opinion, the People failed to prove the defendant guilty of the crime of manslaughter in the first degree as defined by section 1050 of the Penal Law. (See People v. Vollmer, 299 N. Y. 347.) All concur. (The judgment convicts defendant of the crime of manslaughter, first degree.) Present — Taylor, P. J., MeCurn, Vaughan, Kimball and Piper, JJ.  