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PEOPLE v. MOULTON

43 N.Y.2d 944 (1978)

The People of the State of New York, Respondent, v. Leo Moulton, Appellant.

Court of Appeals of the State of New York.

Decided February 22, 1978.

Attorney(s) appearing for the Case

Robert S. Katz and William E. Hellerstein for appellant.

Eugene Gold, District Attorney (Cynthia Kean of counsel), for respondent.

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

MEMORANDUM.

The order should be affirmed.

The role of a Trial Judge in a criminal case is not merely that of an observer or even that of a referee enforcing the rules of a game (see People v De Jesus, 42 N.Y.2d 519, 523). In fulfillment of its broader obligation to ensure the defendant a fair and impartial trial (People v Crimmins, 36 N.Y.2d 230

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