1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 89 A.D.2d
  5. 89 A.D.2d 153 (1982)
 

PEOPLE v. TUCKER

89 A.D.2d 153 (1982)

The People of the State of New York, Respondent, v. Frankie Tucker, Appellant

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

October 19, 1982

Attorney(s) appearing for the Case

Bertrand J. Kahn of counsel (William E. Hellerstein, attorney), for appellant.

Joyce P. Adolfsen of counsel (Vivian Berger with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

MURPHY, P. J., and FEIN, J., concur with LYNCH, J.; ASCH, J., dissents in an opinion.

LYNCH, J.

The defendant was convicted after a jury trial of murder in the second degree for having caused the death by stabbing of Gordon Evans. We find that the excessive interference of the Trial Judge in the conduct of the trial and his repeated assumption of the role of the prosecutor seriously prejudiced the defendant so that the conviction must be reversed and a new trial ordered.

In People v...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases