PEOPLE v. AMOROSO


38 A.D.2d 563 (1971)

The People of the State of New York, Respondent, v. Robert P. Amoroso, Appellant

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

December 6, 1971


Judgment reversed, on the law and in the interests of justice, and new trial ordered.

The findings of fact below have not been considered. In our opinion, the interests of justice require a new trial. Prejudicial error occurred in the course of the charge to the jury by the learned Trial Justice's remarks that "whatever happened here is a typical example of burglary" and that "this defendant was seen in possession of the television" claimed to have been taken from...

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