People v. Russo
| Decision Date | 10 May 1977 |
| Citation | 396 N.Y.S.2d 353,364 N.E.2d 1124,41 N.Y.2d 1091 |
| Parties | , 364 N.E.2d 1124 The PEOPLE of the State of New York, Respondent, v. Rocco RUSSO, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Lewis R. Friedman and Herman Kaufman, New York City, for appellant.
Thomas R. Sullivan, Dist. Atty. (George E. McVay, Staten Island, of counsel), for respondent.
The order of the Appellate Division should be affirmed. While the Trial Judge unnecessarily examined witnesses and made impromptu remarks and asides to the attorney the witnesses and the jury, we cannot say, on this record, that as a matter of law defendant was deprived of a fair trial. (Cf. People v. Woods, 39 N.Y.2d 852, 386 N.Y.S.2d 101, 351 N.E.2d 749, revg. on dissenting mem. at Appellate Division, 48 A.D.2d 708, 368 N.Y.S.2d 62; People v. Budd, 38 N.Y.2d 988, 384 N.Y.S.2d 435, 348 N.E.2d 911; People v. Mendes, 3 N.Y.2d 120, 164 N.Y.S.2d 401, 143 N.E.2d 806; People v. Matos, 46 A.D.2d 903, 362 N.Y.S.2d 32.) As noted by the Appellate Division majority in its memorandum (46 A.D.2d 904, 362 N.Y.S.2d 33), the court's overbearing conduct was not directed at defendant's side of the case alone; the court's interference with the People's presentation of evidence prompted at least one very strenuous objection from the prosecutor. Most of the court's comments and questions passed without objection from defense counsel and the court's charge to the jury was accepted without exception. Further, it is not disputed that the defendant committed the homicide of which he was accused. The only significant issue at trial was whether the defendant had sufficient mental capacity to formulate an intent to kill. There was substantial, if not overwhelmin evidence from which the jury could conclude, as it did, that the defendant could, and did, formulate an intent to kill his victim.
The other issues advanced by the defendant are without merit. As previously stated, the conviction is supported by ample and legally sufficient evidence. Further, there is no reasonable view of the evidence that would have warranted the trial court to submit the offense of manslaughter in the second degree to the jury for its consideration, as a lesser included crime. (CPL 300.50; see People v. Stanfield, 36 N.Y.2d 467, 369 N.Y.S.2d 118, 330 N.E.2d 75.)
Order affirmed in a memorandum.
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...impartial verdict on the merits (see People v. Moulton, 43 N.Y.2d at 946, 403 N.Y.S.2d 892, 374 N.E.2d 1243 ; People v. Russo, 41 N.Y.2d 1091, 396 N.Y.S.2d 353, 364 N.E.2d 1124 ; People v. Adams, 117 A.D.3d at 106, 983 N.Y.S.2d 246 ; People v. Jenkins, 25 A.D.3d 444, 445, 807 N.Y.S.2d 90 ; ......
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...may be considered as a factor in determining whether the defendant received a fair trial ( see e.g. People v. Russo, 41 N.Y.2d 1091, 1091–1092, 396 N.Y.S.2d 353, 364 N.E.2d 1124 [1977];People v. Broom, 200 A.D.2d 515, 606 N.Y.S.2d 687 [1st Dept.1994], lv. denied 83 N.Y.2d 964, 616 N.Y.S.2d ......
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