People v. Cruz

Appeal by defendant from a judgment of the Supreme Court, Kings County (Schwartzwald, J.), rendered October 20,1981, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence. H Judgment reversed, on the law, and as a matter of discretion in the interest of justice, and new trial ordered. 11 It is well established that a Trial Judge has a duty to assume an active role in the examination of witnesses in an effort to clarify issues, to elicit or develop significant facts and to facilitate the orderly progress of the trial (see People v Moulton, 43 NY2d 944;…