PEOPLE v. McRAE


54 A.D.2d 664 (1976)

The People of the State of New York, Respondent, v. John McRae, Appellant

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

October 28, 1976


Reversed, on the law and in the interest of justice and the case remanded for a new trial.

On this record it is clear that the defendant was not accorded a fair and impartial trial. The court unduly interjected itself into the proceedings in examining the defendant, commenting on his testimony and in its charge to the extent that it conveyed to the jury its attitude both in respect to the merits of the case and to the credibility of the defendant. In view of the direction...

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