PEOPLE v. COLON


20 A.D.2d 854 (1964)

The People of the State of New York, Respondent, v. Domingo Colon, Appellant

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

April 2, 1964


Some of the questions addressed to witnesses by the Trial Judge and some of the observations he made, while motivated by an evident desire to enlighten the jury and not to prejudice the defendant, were unfortunate and unnecessary; but they could not substantially have affected the outcome of the trial. The sentence imposed, however, was excessive, inasmuch as the evidence upon the trial and a reading of the probation report indicate that defendant was a small-scale seller...

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