Legal Opinion
People v. Mendes
New York Court of Appeals
Decided July 3, 1957PublishedCited by 37 opinions
1Opinion of the CourtBurke, 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 and a new trial ordered.
It is well known that a Trial Judge in criminal matters may take an active part in the examination of witnesses where questioning is necessary to elicit significant…
2Cases cited6 opinions
- People v. LeavittNew York Court of Appeals · 1950
- People v. KnapperAppellate Division of the Supreme Court of the State of New York · 1930
- People v. OhanianNew York Court of Appeals · 1927
- McIntosh v. StateSupreme Court of Alabama · 1903
- People v. ViscioAppellate Division of the Supreme Court of the State of New York · 1934
1 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- People v. MoultonNew York Court of Appeals · 1978
- People v. De JesusNew York Court of Appeals · 1977
- People v. BellNew York Court of Appeals · 1975
- People v. CarterNew York Court of Appeals · 1976
- People v. EllisAppellate Division of the Supreme Court of the State of New York · 1978
32 more not listed; retrieve them via the Exa API.