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  5. 8 N.Y.2d 787 (1960)
 

MATTER OF COMM'N OF INVESTIGATION OF THE STATE OF NEW YORK v. LOMBARDOZZI

8 N.Y.2d 787 (1960)

In the Matter of the Commission of Investigation of the State of New York, Appellant, v. Carmine Lombardozzi, Respondent.

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 Elliott L. Hoffman for appellant.

Myron J. Greene and Martin Greene for respondent.

Concur: Chief Judge DESMOND and Judges FROESSEL, VAN VOORHIS and FOSTER. Dissent: Judges DYE and BURKE. Taking no part: Judge FULD.

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...

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