PEOPLE v. VEGA


279 A.D. 739 (1951)

The People of the State of New York, Respondent, v. Victor Vega and Eliseo Gonzales, Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 18, 1951.


Judgment affirmed under the provisions of section 542 of the Code of Criminal Procedure.

SHIENTAG, J. (dissenting).

I dissent and vote to reverse the conviction and for a new trial. A judge in a criminal case is not a mere automaton; nor is his function limited to maintaining proper decorum, to ruling on the admissibility of evidence and on motions and to charging the jury on the law applicable to the facts in the case. A judge has the right,...

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