← Cases

People v. Freier

228 A.D.2d 520 Court N.Y. App. Div. Decision date 1996-06-10 English

Contents

Majority

p. 520
The People of the State of New York, Respondent, v Ben Ami Freier, Appellant.
[644 NYS2d 306]

We find that the defendant did not receive the effective assistance of counsel and therefore the judgment must be reversed (see, People v Satterfield, 66 NY2d 796 ; People v Baldi, 54 NY2d 137 ).

Furthermore, the court’s failure to give a limiting instruction concerning the defendant’s prior arrest, coupled with the court’s failure to instruct the jury that the testimony of a police officer is entitled to no greater weight than the testimony of an ordinary citizen, warrant reversal (see, People v Guzman, 146 AD2d 799 ). Balletta, J. P., Santucci, Krausman and Florio, JJ., concur.

Cases cited