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PEOPLE v. LOMBARDOZZI

30 N.Y.2d 677 (1972)

The People of the State of New York, Appellant, v. Carmine Lombardozzi, Respondent.

Court of Appeals of the State of New York.

Decided March 23, 1972.

Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Ronald M. Kleinberg and Roger Bennet Adler of counsel), for appellant.

William Sonenshine for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and GIBSON. Judge JASEN dissents and votes to reverse in the following opinion.

Order affirmed.

JASEN, J. (dissenting).

The question presented on this appeal is whether the evidence was sufficient for the jury to find beyond a reasonable doubt that the defendant's concededly false testimony, relating to material matter, was given "wilfully and knowingly". (Former Penal Law, § 1620.)

The law is well settled that the falsity of one's testimony does not alone establish that it was given "wilfully and knowingly"...

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