
    The People of the State of New York, Respondent, v. John Pietras, Appellant.
    
      Crimes — manslaughter — criminal negligence — operation of automobile in culpably negligent manner —judgment of conviction reversed.
    
    
      People v. Pietras, 219 App. Div. 853, reversed.
    (Argued October 19, 1927;
    decided November 22, 1927.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 9, 1927, which affirmed a judgment of the Erie County Court rendered upon a verdict convicting the defendant of the crime of manslaughter in the second degree. The indictment, under subdivision 3 of section 1052 of the Penal Law, charged defendant with causing the death of a person through operation of an' automobile in a culpably negligent manner.
    
      William J. Bullion for appellant.
    
      Guy B. Moore, District Attorney (John J. Kane of counsel), for respondent.
   Judgment of Appellate Division and that of County Court reversed and new trial ordered on the authority of People v. Angelo (246 N. Y. 451).

Concur: Cardozo, Ch. J., Crane, Andrews, Lehman, Kellogg and O’Brien, JJ. Not voting: Pound, J.  