Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.
The court improperly and inexplicably refused to instruct the jury that the testimony of a police officer, in and of itself, is entitled to no greater weight than that of an ordinary citizen. This is a basic and well established precept that is routinely included in Trial Judges' instructions to juries (1 CJI[NY] 7.08; People v McCain...
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