¶1In 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.
15 A.D.2d 516
People v. Sims
Appellate Division of the Supreme Court of the State of New York
Decided December 11, 1961
Appellate Division of the Supreme Court of the State of New York · decided 1961-12-11
Relies on People v. Fanning · People v. Oddo
Decided 1961-12-11