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Outspoken NY Judge Could Help Trump More Than Hurt Him

Phillip Bantz
Law360
November 15, 2023

Marc Frazier Scholl was quoted in Law360 regarding the Manhattan judge overseeing Donald Trump's civil fraud case.

"Justice Engoron, based on media reports, has pushed his personality into the proceedings," ex-New York prosecutor Marc Scholl of Lewis Baach Kaufmann Middlemiss PLLC told Law360. "He has been aggressive in his criticism. He has been pushy at times with the lawyers and certain witnesses. He could have handled certain matters better."

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Trump's anticipated appeal would go to the intermediate New York Supreme Court Appellate Division, First Department, which has the "extraordinary power to review not just the law, but also the facts," Scholl noted.

While it would be "unusual" for the First Department to "overrule a credibility finding of the trial judge, who is acting as judge and jury," the appellate court could "find the facts differently from Justice Engoron," he added.

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