People v. Amoroso

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered October 23, 1970, convicting him of burglary in the third degree, upon a jury verdict, and sentencing him to an indeterminate prison term with a maximum of five years. Judgment reversed, on the law and in the interests of justice, and new trial ordered. The findings of fact below have not been considered. In our opinion, the interests of justice require a new trial. Prejudicial error occurred in the course of the charge to the jury by the learned Trial Justice’s remarks that “whatever happened here is a typical…