People v. Baker

In this close case where the proof was such “ as to give serious jurors pause ” (People v. Mendes, 3 N Y 2d 120, 122), the conduct of the trial court deprived the defendant of a fair and impartial trial (People v. Sostre, 37 A D 2d 574).

The defendant’s conviction was for the sale of barbiturates to undercover policemen on two occasions. The policeman who allegedly had personal contact with the defendant on the two sales had written in his notes that the defendant was about 5 feet, 8 inches tall—the same height as the policeman. In *84testifying at the trial, the defendant gave his height as 5…