People v. Little

Titone, J. P., and Bracken, J.,

dissent and vote to reverse the judgment and order a new trial, with the following memorandum: Both this court and the Court of Appeals have made it abundantly clear that when a Trial Judge undertakes to marshal the evidence he or she must do so in a fair and evenhanded manner (People v Williamson, 40 NY2d 1073; People v Budd, 38 NY2d 988; People v Bell, 38 NY2d 116; People v Saunders, 97 AD2d 519; People v Melville, 90 AD2d 488; People v Moran, 84 AD2d 753; People v Brabham, 77 AD2d 626; People v Chambers, 73 AD2d 976; People v Miles, 48 AD2d 706). In our view,…