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PEOPLE v. RUSSO

41 N.Y.2d 1091 (1977)

The People of the State of New York, Respondent, v. Rocco Russo, Appellant.

Court of Appeals of the State of New York.

Decided May 10, 1977.

Attorney(s) appearing for the Case

Lewis R. Friedman and Herman Kaufman for appellant.

Thomas R. Sullivan, District Attorney (George E. McVay of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed. While the Trial Judge unnecessarily examined witnesses and made impromptu remarks and asides to the attorneys, the witnesses and the jury, we cannot say, on this record, that as a matter of law defendant was deprived of a fair trial. (Cf. People v Woods, 39 N.Y.2d 852, revg on dissenting mem at Appellate Division 48 A.D.2d 708...

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