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PEOPLE v. BUTLER

57 A.D.2d 931 (1977)

The People of the State of New York, Respondent, v. Lester Henry Butler, Appellant

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

May 23, 1977

Judgment reversed, on the law and as a matter of discretion in the interest of justice, and indictment dismissed.

In our opinion, on this record, the defendant was deprived of a fair trial. The rhetorical questions posed by the Trial Judge during the charge communicated disbelief in the defendant's innocence (see People v Bell, 38 N.Y.2d 116, 122). Although the trial court marshalled...

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