SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
June 24, 1968
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
MOSES HAYNES, APPELLANT
Appeal from a judgment of the Supreme Court, Kings County, rendered June 22, 1964, convicting defendant of robbery in the first degree, upon a jury verdict returned on October 18, 1954, and imposing sentence. Judgment reversed, on the law, and new trial ordered.
Beldock, P. J., Christ, Brennan, Hopkins and Benjamin, JJ., concur.
In our opinion, the Trial Judge should have disqualified himself (People v. Jenkins, 29 A.D.2d 681; [decided Jan. 22, 1968;] People v. Hines, 28 A.D.2d 909; People v. Gould, 29 A.D.2d 668; [decided Jan. 15, 1968;] People v. Rodriguez, 14 A.D.2d 917; People v. Huarneck, 22 A.D.2d 651). Moreover, in view of the predispositions and predilections of the Trial Judge, defendant was denied a fair hearing (People v. Hines, supra). In our opinion, in view of the time intervals and other proof, a new trial should be ordered and not merely a new hearing as to defendant's sanity and ability to understand the charge and to make his defense (Pate v. Robinson, 383 U.S. 375; cf. People v. Hudson, 19 N.Y.2d 137; People v. Gonzalez, 20 N.Y.2d 289).
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