PEOPLE v. CLAIRBORNE


36 A.D.2d 500 (1971)

The People of the State of New York, Respondent, v. Ruth Clairborne, Appellant

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

June 7, 1971.


Attorney(s) appearing for the Case

Finkelstein, Kaplan & Levine (Max Levinson of counsel), for appellant.

Jerome S. Cohen, Acting District Attorney (Lawrence X. Kennedy of counsel), for respondent.

RABIN, P. J., SHAPIRO and BRENNAN, JJ., concur with CHRIST, J., MUNDER, J., dissents in part, in a separate opinion.


CHRIST, J.

The defendant was tried under two indictments, one charging perjury, the other charging her with falsely reporting an incident, a misdemeanor (Penal Law, § 240.50), and criminal solicitation in the third degree, a violation (Penal Law, § 100.00). At the end of the defendant's case, the Trial Term dismissed the perjury indictment and accepted the defendant's guilty plea to both counts of the other indictment.

The first count...

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