PEOPLE v. PALADINO


18 A.D.2d 812 (1963)

The People of the State of New York, Respondent, v. Joseph Paladino, Appellant

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

January 7, 1963


Judgment reversed on the law and the facts and a new trial ordered.

The sole issue for the jury's determination was whether, at the time he committed the crimes, the defendant was insane. The court's questioning of the medical expert called by the defendant, and the court's comment in its charge to the jury that "apparently" the defendant's expert disagreed with the presumption of sanity, may have conveyed to the jury, albeit inadvertently, an impression that the...

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