# People v. Brown

> Appellate Division of the Supreme Court of the State of New York · July 6, 1976 · 53 A.D.2d 867

URL: https://www.frixlaw.com/law-library/cases/5808081

## Case

- **Full name:** The People of the State of New York v. Billy Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** July 6, 1976
- **Citations:** 53 A.D.2d 867; 385 N.Y.S.2d 493; 1976 N.Y. App. Div. LEXIS 13700
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5808081

## Opinion text

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered January 30, 1973, convicting him of robbery in the second degree and grand larceny in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered. The defendant was convicted of robbery in the second degree and grand larceny in the third degree after a jury trial. The excessive interjection of the Trial Judge, by questions and comment, deprived the defendant of a fair trial. The defendant points out that the record establishes that the Trial Judge asked 76% of the questions on direct examination, 42% of the questions on cross-examination, and 55% of the total questions asked. A Trial Judge indulging in such conduct interferes with the orderly development of the case by preempting the role of counsel (see People v Woods, 39 NY2d 852 , revg on the dissenting memorandum of Mr. Justice Martuscello in 48 AD2d 708 ; People v Matos, 46 AD2d 903 ; People v Sostre, 37 AD2d 574 ). Hence, a reversal is mandated. Hopkins, Acting P. J., Latham, Cohalan, Titone and Hawkins, JJ., concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5808081. Public record. Not legal advice.