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PEOPLE v. PERNA

20 A.D.2d 323 (1964)

The People of the State of New York, Appellant, v. Michael Perna, Respondent

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

February 20, 1964.

Attorney(s) appearing for the Case

George R. Blair, District Attorney (Thomas Daley and Irma R. Thorn of counsel), for appellant.

Condon, Klocke, Ange, O'Donnell & O'Brien (John W. Condon, Jr. and Grace Marie Ange of counsel), for respondent.

WILLIAMS, P. J., GOLDMAN, NOONAN and DEL VECCHIO, JJ., concur.

BASTOW, J.

In March, 1962 a Grand Jury sitting in Erie County returned an indictment charging defendant in each of eight counts with the crime of perjury, first degree. After an order had been made on defendant's motion granting him an inspection of the Grand Jury minutes a further motion was made to dismiss the indictment. The motion was granted and the People appeal. In dismissing the indictment the court made...

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