PEOPLE v. DAVIS


73 A.D.2d 693 (1979)

The People of the State of New York, Respondent, v. Jack Davis, Appellant

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

December 31, 1979


Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered.

Reversal is required because several comments made by the trial court operated to deny the defendant his fundamental right to a fair trial. In the course of its instructions to the jury on intent, which was a necessary element of each of the crimes charged, the trial court made the following statements: "I should like to give you an illustration of intent that I give the...

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