PEOPLE v. LEARY


280 A.D. 679 (1952)

The People of the State of New York, Appellant, v. James A. Leary, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 20, 1952.


Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Paul W. Williams, Harris B. Steinberg, Wyllys S. Newcomb and Richard H. Kuh of counsel), for appellant.

James A. Leary, in person, Walter A. Fullerton, Francis J. Keehan and George B. Smith for James A. Leary, respondent.

BREWSTER and COON, JJ., concur with FOSTER, P. J.; BERGAN and HALPERN, JJ., dissent, in a memorandum.


FOSTER, P. J.

The defendant was asked through the media of several questions, whether he owned or had any beneficial interest in 688.8 shares of stock of the Saratoga National Bank. He answered in the negative. Upon the premise that his answers were false an Extraordinary Grand Jury for Saratoga County has indicted him for perjury.

The stock in question, so far as the records show, was issued and is listed...

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