Majority
p. 516The People of the State of New York, Respondent, v. Charles Sims, Appellant.
In our opinion, there was insufficient proof of perjury; and in any event there was a complete absence of any factual showing that the District Attorney had any knowledge of the alleged perjury (cf. People v. Oddo, 300 N. Y. 649 ; People v. Fanning, 300 N. Y. 593 ; People v. Mysholowsky, 13 A D 2d 823 ). Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.
Cases cited
- People v. Oddo 300 N. Y. 649 p. 516
- People v. Fanning 300 N. Y. 593 p. 516