People v. Lopez

Defendant was convicted, after jury trial, of crimninal sexual abuse and unlawful restraint. Court erred in not permitting defense counsel to refresh recollection of witness of during cross-examination, as questions sufficiently apprised witness of time, place and persons to whom statement was made. Court's erroneous ruling, and comments criticizing defense counsel, were not error so serious to cause biased jury; commentary did not suggest opinions on merits of defense evidence, and most comments were in response to defense counsel's repeatedly committing same error in questioning witness. Defendant failed to show he was deprived of fair trial by judge stating that he would impose time limits on closing arguments and would allow State more time than it allowed Defendant. (J. GORDON and McBRIDE, concurring.)