People v. Mabry

by defendant from a judgment of the Supreme Court, Queens County, rendered November 3, 1975, convicting him of criminal sale of a controlled substance in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered. Following summations, the trial court charged the jury, omitting to review the evidence or the testimony, "for fear that the jury may get the impression that maybe the Judge has an opinion about the case, from the manner in which he spoke about it.” We find such a reason inexplicable…