
    The People of the State of New York, Respondent, v. Eustace Gray, Correct Name Eustace T. Gray, Appellant.
   Judgment of the Court of Special Sessions of the City of New York, Borough of Queens, convicting appellant of the crime of assault in the third degree (operating an automobile in a culpably negligent manner in violation of Penal Law, § 244, subd. 2), reversed on the law and the facts, the information dismissed, and the defendant discharged. The guilt of the defendant was not proved beyond a reasonable doubt. (Cf. People V. Walker, 270 App. Div. 1032, revd. 296 N. Y. 740; People v. Bearden, 290 N. Y. 478.) Hagarty, Acting P. J., Cars-well, Johnston, Adel and Nolan, JJ., concur.  