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eBook details

• Title: People State New York v. George Santana
• Author : Supreme Court of New York
• Release Date : January 28, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered July 29, 1976, convicting him of attempted robbery in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. The cumulative effect of several errors committed at defendants trial rendered that trial unfair. To begin with, during the course of the one-day trial, the court asked the witnesses approximately 300 questions from the Bench, including 64% of the questions posed to the complaining witness on direct examination. Neither the prosecutor nor defense counsel demonstrated a need for such unnecessarily extensive assistance on the part of the trial court. Although none of the courts questions were unnecessarily prejudicial to defendant, we are compelled to conclude that the conduct of the trial court constituted error, in light of repeated pronouncements by the Court of Appeals that the trial courts prerogative to join in the examination of witnesses should be exercised sparingly (see People v Jamison, 47 N.Y.2d 882) and only when [73 A.D.2d 977 Page 978]

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