Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered.
The defendant was convicted of robbery in the second degree and grand larceny in the third degree after a jury trial. The excessive interjection of the Trial Judge, by questions and comment, deprived the defendant of a fair trial. The defendant points out that the record establishes that the Trial Judge asked 76% of the questions on direct examination, 42% of the questions...
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