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PEOPLE v. McLEAN

172 A.D.2d 256 (1991)

The People of the State of New York, Respondent, v. Dennis McLean, Appellant

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

April 11, 1991

It is fundamental that, when the trial court in its charge enters into a review and analysis of the evidence, it must exercise the utmost care not to influence the jury in the discharge of its obligation to resolve the factual issues. (People v Brown, 129 A.D.2d 450, 452.) In this case, certain rhetorical questions and descriptive comments posed by the court during its charge clearly minimized...

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