Appellate Division, Second Department courthouse at 45 Monroe Place in Brooklyn, NY.
The New York Supreme Court’s Appellate Division, Second Department ruled that a man accused of robbery in Queens should have a new trial before a different judge after his trial judge “improperly assumed the appearance or the function of an advocate,” according to a June 24 decision.
When a Queens County prosecutor failed to elicit positive identifications of defendant Brian Mitchell from two witnesses during his 2018 jury trial, Queens County Supreme Court Justice Richard Buchter questioned them himself until they identified Mitchell, the appellate panel wrote.
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