PEOPLE v. SANTANA


73 A.D.2d 977 (1980)

The People of the State of New York, Respondent, v. George Santana, Appellant

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

January 28, 1980


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

The cumulative effect of several errors committed at defendant's trial rendered that trial unfair. To begin with, during the course of the one-day trial, the court asked the witnesses approximately 300 questions from the Bench, including 64% of the questions posed to the complaining witness on direct examination. Neither the prosecutor nor defense counsel...

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