People v. Adler

274 A.D. 820, 80 N.Y.S.2d 210, 1948 N.Y. App. Div. LEXIS 3521

Opinion

Judgment of the County Court of Queens County, convicting defendant of the crimes of sodomy and assault in the second degree, reversed on the law and a new trial ordered. Findings of fact implicit in the verdict of the jury are affirmed. The court’s extended cross-examination of defendant’s witnesses, the leading questions which it propounded, its undue curtailment of the cross-examination of the complainant, and its disparaging remarks directed to defendant’s counsel constituted prejudicial error and deprived defendant of a fair and impartial trial. Any new trial should be had before another judge. Lewis, P. J., Carswell, Johnston, Adel and Sneed, JJ., concur.