People v. Mendez

Memorandum: Defendant contends that improper questioning of defense witnesses by County Court denied him a fair trial. We agree. After the prosecutor asked defendant’s first witness 11 questions, the court took over that cross-examination, asking the witness 37 more questions. When the court finished its questioning, the prosecutor had no further questions of that witness. During the prosecutor’s cross-examination of defendant’s second witness, the court conveyed the impression that it did not find the witness credible by, inter alia, asking the witness, "You know what the penalty for perjury…