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PEOPLE v. ASHBY

8 N.Y.2d 238 (1960)

The People of the State of New York, Appellant, v. Edwin W. Ashby, Respondent.

Court of Appeals of the State of New York.

Decided July 8, 1960.

Attorney(s) appearing for the Case

Bernard Tompkins and Wilfred R. Caron for appellant.

N. Le Van Haver, Paul Rosen and John E. Egan for respondent.

Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur; Judge FOSTER taking no part.

Chief Judge DESMOND.

Defendant, because of testimony he gave before a Grand Jury investigating alleged corruption of public officers and employees in Ulster County, was convicted of two crimes of perjury, second degree. One such alleged crime consisted of the giving by defendant on October 2, 1958 of testimony which he afterwards (October 27, 1958) recanted and denied before the same Grand Jury. The first indictment...

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