People v. Tom

Appellate Division of the Supreme Court of New York

People v. Tom

73 A.D.2d 538, 423 N.Y.S.2d 21, 1979 N.Y. App. Div. LEXIS 14295

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

DecidedDecember 13, 1979

StatusPublished

Cited by1 cases

This text of 73 A.D.2d 538 (People v. Tom) 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. Tom, 73 A.D.2d 538, 423 N.Y.S.2d 21, 1979 N.Y. App. Div. LEXIS 14295 (N.Y. Ct. App. 1979).

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Opinions

Judgment, Supreme Court, New York County, rendered on July 26, 1976, convicting defendant, after jury trial, of murder in the second degree (Penal Law, § 125.25, subd 1), and sentencing him thereon, is affirmed. The Trial Judge’s participation in the trial was certainly much more active and extensive than is customary. But in part, this was justifiable because of the language difficulty with most of the witnesses and the need for clarifying their answers. We do not think the Trial Judge exhibited partiality, nor, on balance, do we think that defendant was deprived of a fair trial or of a fair opportunity to present his defense. Concur—Birns, Fein, Bloom and Silverman, JJ.

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Judgment, Supreme Court, New York County, rendered on July 26, 1976, convicting defendant, after jury trial, of murder in the second degree (Penal Law, § 125.25, subd 1), and sentencing him thereon, is affirmed. The Trial Judge’s participation in the trial was certainly much more active and extensive than is customary. But in part, this was justifiable because of the language difficulty with most of the witnesses and the need for clarifying their answers. We do not think the Trial Judge exhibited partiality, nor, on balance, do we think that defendant was deprived of a fair trial or of a fair opportunity to present his defense. Concur—Birns, Fein, Bloom and Silverman, JJ.

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Bluebook (online)

73 A.D.2d 538, 423 N.Y.S.2d 21, 1979 N.Y. App. Div. LEXIS 14295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tom-nyappdiv-1979.

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