Majority
p. 839The People of the State of New York, Respondent, v. Frank J. Witkowski, Appellant. Argued April 6, 1967; decided April 20, 1967.
p. 840
Michael F. Dillon, District Attorney (Arthur G. Baumeister of counsel), for respondent.
Order reversed and matter remitted to the Erie County Court for a hearing to determine whether the prosecution witness Dombrowski testified falsely at the time of the trial with respect to defendant’s pleas or admissions of guilt; and, if so, whether the prosecution knew, or had reason to know, that such testimony was false (see People v. Robertson, 12 N Y 2d 355 ). We do not reach the question at this time whether knowledge on the part of the prosecution is a requisite to relief.
Concur: CMef Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel.
Cases cited
- People v. Robertson 12 N Y 2d 355 p. 840