PEOPLE v. BUCKHEIT


95 A.D.2d 814 (1983)

The People of the State of New York, Respondent, v. Michael Buckheit, Appellant

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

June 13, 1983


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

The record demonstrates that during the examination of the witnesses for the prosecution, the trial court assumed the function of the prosecutor to such an extent as to deprive defendant of a fair trial and to impair the aura of impartiality which should surround every judicial proceeding. If a witness, such as the complainant in this case, has a language...

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