PEOPLE v. COOPER


96 A.D.2d 866 (1983)

The People of the State of New York, Respondent, v. John Cooper, James Wallace and Wyandanch Economic Development Corp., Appellants

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

August 8, 1983


Judgments reversed, on the law, and new trial ordered before a Judge other than the Judge who presided at the first trial.

We find that the interference of the Trial Judge during the course of the trial whereat he assumed a prosecutorial role seriously prejudiced defendants' right to a fair trial so that their convictions must be reversed and a new trial ordered. We recognize that it is the duty of a Trial Judge to actively examine witnesses to clarify the issues...

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