
    The People of the State of New York, Respondent, v. Joseph M. Badamo, Appellant.
   The court is not prepared to agree with the trial judge in his definition of culpable negligence. But inasmuch as the charge was made without exception, and without request to charge otherwise, and the point was not raised in the brief, and the facts in the case warrant the finding of culpable negligence, we agree to affirm. Judgment of conviction affirmed. Jenks, P. J., Rich, Blackmar, Kelly and Jayeox, JJ., concurred.  