People v. Intersimone

The trial court, reviewing the prosecution’s evidence on the essential issue of identification, so marshalled the facts as to emphasize unduly the People’s case; he barely made reference to evidence introduced by defendant and his witnesses, and suggested there could be no motive for a false identification. To help the jury intelligently to reach a conclusion on the evidence the court should review the testimony but this should be done fairly and impartially and not in a manner to suggest what the jury’s verdict should be.

In charging the jury on the alibi defense the court at the outset…