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PEOPLE v. WITKOWSKI

19 N.Y.2d 839 (1967)

The People of the State of New York, Respondent, v. Frank J. Witkowski, Appellant.

Court of Appeals of the State of New York.

Decided April 20, 1967.

Attorney(s) appearing for the Case

Frederick Miller for appellant.

Michael F. Dillon, District Attorney (Arthur G. Baumeister of counsel), for respondent.

Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN, KEATING and BREITEL.

Order reversed and matter remitted to the Erie County Court for a hearing to determine whether the prosecution witness Dombrowski testified falsely at the time of the trial with respect to defendant's pleas or admissions of guilt; and, if so, whether the prosecution knew, or had reason to know, that such testimony was false (see People v. Robertson, 12 N.Y.2d 355). We do not reach the question at this time whether knowledge on the...

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