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PEOPLE v. BANKS

248 A.D.2d 183 (1998)

670 N.Y.S.2d 764

The People of the State of New York, Respondent, v. Robert Banks, Appellant

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

March 10, 1998

Defendant was not deprived of a fair trial by the court's interjection of certain questions and comments. The court "acted within reasonable limits to clarify confusing questions and testimony and to elicit relevant facts" (People v Rivera, 201 A.D.2d 385, 386, lv denied 83 N.Y.2d 914).

The court properly refused defendant's request for a specific charge on the mistake of fact defense. The court's instructions adequately...

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