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People v. Adler

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1948
274 App. Div. 820 (N.Y. App. Div. 1948)

Opinion

June 28, 1948.


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.


Summaries of

People v. Adler

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1948
274 App. Div. 820 (N.Y. App. Div. 1948)
Case details for

People v. Adler

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARVIN ADLER, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 28, 1948

Citations

274 App. Div. 820 (N.Y. App. Div. 1948)

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