People v. Russo

Memorandum. The order of the Appellate Division should be affirmed. While the Trial Judge unnecessarily examined witnesses and made impromptu remarks and asides to the attorneys, the witnesses and the jury, we cannot say, on this record, that as a matter of law defendant was deprived of a fair trial. (Cf. People v Woods, 39 NY2d 852, revg on dissenting mem at Appellate Division 48 AD2d 708; People v Budd, 38 NY2d 988; People v Mendes, 3 NY2d 120; People v Matos, 46 AD2d 903.) As noted by the Appellate Division majority in its memorandum (46 AD2d 904), the court’s overbearing conduct was not…