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PEOPLE v. SIMS

15 A.D.2d 516 (1961)

The People of the State of New York, Respondent, v. Charles Sims, Appellant

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

December 11, 1961

Order affirmed.

The application was based, in substance, on the ground that the complaining witness committed perjury to the knowledge of the prosecuting attorney. In our opinion, there was insufficient proof of perjury; and in any event there was a complete absence of any factual showing that the District Attorney had any knowledge of the alleged perjury (cf. People v. Oddo, 300 N.Y. 649; People v. Fanning,

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