Judgment reversed, on the law, and case remitted to Criminal Term for further proceedings in accordance herewith.
There must be a reversal and a new trial because the constitutional requirement (US Const, 6th Amdt; NY Const, art I, § 6) that the defendant be provided with the effective assistance of counsel has not been met. On the afternoon of October 9, 1978, at approximately 3:50 P.M., Police Officers Robert Maloney and Norbert Wernicke were on radio patrol...
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