Majority
p. 2The People of the State of New York, Respondent, v John Rossi, Appellant. [619 NYS2d 558]
—Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered September 28, 1993, convicting defendant, after a nonjury trial, of perjury in the first degree, and making a punishable false written statement, and sentencing him to a term of probation, unanimously affirmed.
Viewing the evidence in the light most favorable to the People, the evidence adduced at the defendant’s trial estab
p. 3
lishes his guilt beyond a reasonable doubt (People v Malizia, 62 NY2d 755 , 757, cert denied 469 US 932 ). Not only was the evidence of falsity sufficient but it is also clear that defendant’s statement was a material factor as to whether the Grand Jury would indict the suspect since defendant’s testimony turned a case based upon circumstantial evidence into one of direct evidence (see, People v Davis, 53 NY2d 164 , 171). Concur—Murphy, P. J., Rosenberger, Ross, Rubin and Williams, JJ.
Cases cited
- People v. Malizia 62 NY2d 755 at 757 p. 3
- People v. Davis 53 NY2d 164 at 171 p. 3