General

The People of the State of New York, Respondent, v. Ben Ami Freier, Appellant

228 A.D.2d 520644 N.Y.S.2d 306·New York Supreme Court, Appellate Division·1996·NY

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Opinion

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