Opinion
June 5, 1992
Appeal from the Lewis County Court, Merrell, J.
Present — Denman, P.J., Boomer, Pine, Balio and Boehm, JJ.
Judgment unanimously reversed on the law and new trial granted. Memorandum: The record, viewed in totality, demonstrates that counsel significantly neglected his client's case, thereby depriving defendant of meaningful representation (see, People v. Baldi, 54 N.Y.2d 137; People v. Trait, 139 A.D.2d 937, lv denied 72 N.Y.2d 867). Although there is no requirement that counsel's conduct be free from error (People v. Trait, supra), a defendant is entitled to "assistance by an attorney who has taken the time to review and prepare both the law and the facts relevant to the defense * * * and who is familiar with, and able to employ at trial basic principles of criminal law and procedure" (People v. Droz, 39 N.Y.2d 457, 462). Defense counsel failed to seek a Huntley hearing despite the fact that defendant's statement, made before he was given Miranda warnings, was the only evidence that he had been driving; failed to move for a Sandoval ruling; failed to make court appearances on several occasions; failed to obtain documents from the State Police to support his defense that the breathalyzer test was defective; and made inflammatory comments to the jury to the effect that no policemen are capable of telling the truth on the witness stand.