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PEOPLE v. WARD

37 A.D.2d 174 (1971)

The People of the State of New York, Appellant, v. Francis X. Ward, Respondent

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

July 1, 1971.

Attorney(s) appearing for the Case

Michael R. Juviler of counsel (Burton N. Lipshie and Robert A. Goldschlag with him on the brief; Frank S. Hogan, District Attorney), for appellant.

Robert A. Levy of counsel (Richard D. Friedman and Herman H. Tarnow with him on the brief; Friedman & Friedman, attorneys), for respondent.

STEVENS, P. J., CAPOZZOLI, McGIVERN, KUPFERMAN and MURPHY, JJ., concur.

Per Curiam.

The People appeal from an order dismissing an indictment wherein the defendant was charged with perjury in the first degree (2 counts) and criminal contempt (2 counts).

In dismissing the indictment, the court below held that the testimony of June 9, and June 11, while different, was the product of "apparent confusion" and was not willful but was induced...

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