PEOPLE v. MENDES


3 N.Y.2d 120 (1957)

The People of the State of New York, Respondent, v. Valentine Mendes, Appellant.

Court of Appeals of the State of New York.

Decided July 3, 1957.


Attorney(s) appearing for the Case

David T. Berman for appellant.

Edward S. Silver, District Attorney (William I. Siegel of counsel), for respondent.

CONWAY, Ch. J., FROESSEL and VAN VOORHIS, JJ., concur with BURKE, J.; DESMOND, J., dissents in an opinion in which DYE and FULD, JJ., concur.


BURKE, J.

Defendant has been convicted of assault in the second degree. During the course of the trial the Judge interrogated a number of defendant's witnesses as well as the accused himself. Objections and motions for a mistrial on the ground that portions of these interrogations might prove prejudicial were denied. In our judgment defendant's objections were well taken and for that reason his conviction is reversed...

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