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Full opinion text

OPINION OF THE COURT

Order, insofar as appealed from, affirmed. We agree with the majority at the Appellate Division (214 AD2d 1) that there was insufficient evidence to sustain the conviction for criminally negligent homicide.

Concur: Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick.