People v. McRae

Appellate Division of the Supreme Court of New York

People v. McRae

54 A.D.2d 664, 388 N.Y.S.2d 1, 1976 N.Y. App. Div. LEXIS 14197

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

DecidedOctober 28, 1976

StatusPublished

Cited by1 cases

This text of 54 A.D.2d 664 (People v. McRae) 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. McRae, 54 A.D.2d 664, 388 N.Y.S.2d 1, 1976 N.Y. App. Div. LEXIS 14197 (N.Y. Ct. App. 1976).

Pincite

Opinion

Judgment, Supreme Court, New York County, rendered May 14, 1973, convicting defendant, upon a jury verdict, of possession of a weapon as a felony, reversed, on the law and in the interest of justice and the case remanded for a new trial. On this record it is clear that the defendant was not accorded a fair and impartial trial. The court unduly interjected itself into the proceedings in examining the defendant, commenting on his testimony and in its charge to the extent that it conveyed to the jury its attitude both in respect to the merits of the case and to the credibility of the defendant. In view of the direction for a new trial, we do not find it necessary to consider the other claims of error. Concur&emdash;Markewich, J. P., Murphy, Lupiano and Birns, JJ.; Nunez, J., dissents and would affirm.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County, rendered May 14, 1973, convicting defendant, upon a jury verdict, of possession of a weapon as a felony, reversed, on the law and in the interest of justice and the case remanded for a new trial. On this record it is clear that the defendant was not accorded a fair and impartial trial. The court unduly interjected itself into the proceedings in examining the defendant, commenting on his testimony and in its charge to the extent that it conveyed to the jury its attitude both in respect to the merits of the case and to the credibility of the defendant. In view of the direction for a new trial, we do not find it necessary to consider the other claims of error. Concur&emdash;Markewich, J. P., Murphy, Lupiano and Birns, JJ.; Nunez, J., dissents and would affirm.

Cite This Page — Counsel Stack

Bluebook (online)

54 A.D.2d 664, 388 N.Y.S.2d 1, 1976 N.Y. App. Div. LEXIS 14197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcrae-nyappdiv-1976.

Opinion

Related

Cite This Page — Counsel Stack