
    The People of the State of New York, Respondent, v. Robert J. Berner, Appellant.
   All concur, except Piper and Wheeler, JJ., who dissent and vote for reversal and for dismissal of the indictment on the ground that the evidence does not establish defendant’s guilt beyond a reasonable doubt. (See People v. Gardner, 255 App. Div. 683.) (Appeal from a judgment convicting defendant of criminal negligence. The order denies a motion for a new trial.) Present — Taylor, P. J., McCurn, Kimball, Piper and Wheeler, JJ.  