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PEOPLE EX REL. MIRANDA v. McCLOSKEY

8 N.Y.2d 785 (1960)

The People of the State of New York ex rel. Michele Miranda, Respondent, v. John J. McCloskey, as Sheriff of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided April 29, 1960.

Attorney(s) appearing for the Case

Eliot H. Lumbard, Nathan Skolnik, Peter J. McQuillan, Joseph Fisch and Elliot L. Hoffman for Commission of Investigation of State of New York, appellant.

Abraham H. Brodsky for respondent.

Concur: Chief Judge DESMOND and Judges FULD, FROESSEL, VAN VOORHIS and FOSTER. Dissent: Judges DYE and BURKE.

Order affirmed. The witness directly responded with definite and unequivocal answers which were clear enough so that if shown to be false he would be guilty of perjury. (People ex rel. Valenti v. McCloskey, 6 N.Y.2d 390, 402-403; Matter of Michael, 326 U.S. 224.) "We are not at liberty to say * * * that `the testimony is not a bona fide effort...

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