PEOPLE v. MEES


47 N.Y.2d 997 (1979)

The People of the State of New York, Respondent, v. Warren Mees and Luis Valenzuela, Appellants.

Court of Appeals of the State of New York.

Decided July 10, 1979.


Attorney(s) appearing for the Case

Anne F. Johnson and Gerald L. Shargel for Luis Valenzuela, appellant.

Michael A. Corriero for Warren Mees, appellant.

Robert M. Morgenthau, District Attorney (Norman Barclay and Robert M. Pitler of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER concur in memorandum; Judge FUCHSBERG dissents and votes to affirm in a separate opinion.


MEMORANDUM.

The orders of the Appellate Division should be reversed and a new trial ordered.

In the course of the 15-day jury trial of these defendants, which resulted in their convictions of manslaughter in the first degree, the unwarranted, persistent intrusion by the presiding Justice in the proceedings deprived defendants of the fair trial to which they were entitled. Not only did the court ask over 1,300 questions...

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