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

Appellate Division of the Supreme Court of the State of New York·Decided December 13, 1979·Published·Cited by 1 cases

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.

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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