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PEOPLE v. EZAUGI

2 N.Y.2d 439 (1957)

The People of the State of New York, Respondent, v. Isaac Ezaugi, Appellant.

Court of Appeals of the State of New York.

Decided March 8, 1957.

Attorney(s) appearing for the Case

Edward H. Levine, Abraham H. Brodsky and Vernon C. Rossner for appellant.

Edward S. Silver, District Attorney (Aaron E. Koota and Jerome C. Ditore of counsel), for respondent.

FULD, VAN VOORHIS and BURKE, JJ., concur with DYE, J.; CONWAY, Ch. J., concurs in result; DESMOND, J., dissents in an opinion in which FROESSEL, J., concurs.

DYE, J.

In this criminal appeal by leave, we consider the availability of recantation as a defense to a prosecution for perjury.

The defendant-appellant stands convicted of the crime of perjury in the first degree, under an indictment charging that, on March 28, 1955, while appearing as a witness before the additional Grand Jury of the County of Kings for the May, 1954 term of that court duly extended...

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