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PEOPLE v. JOHNS

69 A.D.2d 843 (1979)

The People of the State of New York, Respondent, v. Robert Johns, Appellant

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

April 9, 1979

Judgment reversed, on the law, and new trial ordered.

No issue has been raised as to the sufficiency of the evidence. Although defendant's contentions regarding deficiencies in the charge and an alleged variance between the charges in the indictment and the proof at trial are without merit, we are constrained to reverse and order a new trial because defendant did not receive a fair and impartial trial. The Trial Judge unduly...

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