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PEOPLE v. BRANCH

83 A.D.2d 855 (1981)

The People of the State of New York, Respondent, v. Raymond Branch, Appellant

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

August 10, 1981

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

Defendant was deprived of a fair trial due to the trial court's improper statements to the jury during its charge that (1) a quorum of the 23 grand jurors handed down an indictment in the instant case (see People v Williams, 57 A.D.2d 876; People v Evans, 63 A.D.2d 653;...

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