People v. Farrell

Appellate Division of the Supreme Court of New York

People v. Farrell

7 A.D.2d 642, 179 N.Y.S.2d 540, 1958 N.Y. App. Div. LEXIS 4291

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 10, 1958

StatusPublished

This text of 7 A.D.2d 642 (People v. Farrell) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Farrell, 7 A.D.2d 642, 179 N.Y.S.2d 540, 1958 N.Y. App. Div. LEXIS 4291 (N.Y. Ct. App. 1958).

Pincite

Opinion

Appeal from a judgment of the County Court, Kings County, convicting appellant of forgery in the second degree and grand larceny in the first degree and sentencing her to serve an indeterminate term in the [643]*643New York City Penitentiary. Execution of the sentence was suspended, and appellant was placed on probation. Judgment reversed on the law and the facts and a new trial ordered. It is our opinion that the expressions of the views of the court as to the evidence and the recalling of appellant to the stand to interrogate her on matters, theretofore left untouched, deprived appellant of her constitutional right to a fair and impartial trial and that the interests of justice require a new trial. Wenzel, Acting P. J., Beldoek, Murphy, Ughetta and Hallinan, JJ., concur.

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Appeal from a judgment of the County Court, Kings County, convicting appellant of forgery in the second degree and grand larceny in the first degree and sentencing her to serve an indeterminate term in the [643]*643New York City Penitentiary. Execution of the sentence was suspended, and appellant was placed on probation. Judgment reversed on the law and the facts and a new trial ordered. It is our opinion that the expressions of the views of the court as to the evidence and the recalling of appellant to the stand to interrogate her on matters, theretofore left untouched, deprived appellant of her constitutional right to a fair and impartial trial and that the interests of justice require a new trial. Wenzel, Acting P. J., Beldoek, Murphy, Ughetta and Hallinan, JJ., concur.

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Bluebook (online)

7 A.D.2d 642, 179 N.Y.S.2d 540, 1958 N.Y. App. Div. LEXIS 4291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-farrell-nyappdiv-1958.