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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