Judgment reversed on the law and the facts, indictment dismissed, and bail exonerated.
In our opinion, the proof was insufficient to establish reckless or culpable negligence. (Cf. People v. Bearden, 290 N.Y. 478; People v. Fox, 271 App. Div. 936; People v. Hubbs, 271 App. Div. 1021.) If the indictment were not dismissed, a new trial would be required because of errors in the charge. The proof respecting the blood test, made with appellant's permission...
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