PEOPLE v. FRISBIE


40 A.D.2d 334 (1973)

The People of the State of New York, Appellant, v. Charles E. Frisbie, Respondent

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

January 25, 1973.


Attorney(s) appearing for the Case

Robert E. Jones, District Attorney, for appellant.

Frank E. Visco for respondent.

HERLIHY, P. J., GREENBLOTT, COOKE and SWEENEY, JJ., concur.


REYNOLDS, J.

This is an appeal from an order of the County Court, Cortland County, which dismissed an indictment charging defendant with the crime of perjury in the second degree (Penal Law, § 210.10).

On October 2, 1970 defendant, currently serving a 1- to 3-year sentence following a conviction of robbery in the third degree, allegedly swore to a petition entitled "Affidavit in Support of a Writ...

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