Ordered that the judgment is reversed, on the law, and a new trial is ordered; and it is further,
Ordered that the appeal from the order is dismissed in light of our determination on the appeal from the judgment. No questions of fact have been raised or considered.
On appeal, the defendant contends that he was deprived of the effective assistance of trial counsel. We agree. It has been consistently recognized that "[w]hat constitutes effective assistance ...
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