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PEOPLE v. STIGGINS

1 N.Y.3d 529 (2003)

802 N.E.2d 1081

770 N.Y.S.2d 683

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAURA STIGGINS, Appellant.

Court of Appeals of the State of New York.

Decided November 20, 2003.

Attorney(s) appearing for the Case

Redmond & Parrinello, LLP, Rochester (Bruce F. Freeman of counsel), for appellant.

Eliot Spitzer, Attorney General, New York City (Alyson J. Gill, Michelle Aronowitz and Robin A. Forshaw of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

MEMORANDUM.

The order of County Court should be reversed and a new trial ordered.

Defendant's conviction of assault in the third degree and endangering the welfare of an incompetent person must be overturned because she was deprived of her right to a fair trial. It was apparent from the outset of the proceedings that the presiding town justice was unfamiliar with the mechanics of a jury...

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