¶1(concurring). I concur. It is my opinion that (1) the information charges perjury in the first degree; and (2) perjury in the first and second degrees, as defined in the Penal Law, are mutually exclusive crimes. This information is not analogous to the informations or indictments in cases where more than one crime is charged, of one of which the court has jurisdiction. In those cases the defendant cannot be heard to complain when the district attorney elects to prosecute for the minor or lesser crime. Here but one crime is charged and of that the Court of Special Sessions has no jurisdiction.
259 A.D. 167
People v. Samuels
Appellate Division of the Supreme Court of the State of New York
Decided March 18, 1940
Appellate Division of the Supreme Court of the State of New York · decided 1940-03-18
Cited by 1 later decisions — most recently August 1959
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1940-03-18
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