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PEOPLE v. FITZPATRICK

47 A.D.2d 70 (1975)

The People of the State of New York, Respondent, v. Frank Fitzpatrick, Appellant

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

March 6, 1975.

Attorney(s) appearing for the Case

Peter Fleming, Jr., of counsel (Caren S. Brutten with him on the brief; Curtis, Mallet-Prevost, Colt & Mosle, attorneys), for appellant.

T. James Bryan of counsel (Robert M. Morgenthau, District Attorney), for respondent.

MARKEWICH and TILZER, JJ., concur with STEVENS, J. P.; CAPOZZOLI and NUNEZ, JJ., dissent in an opinion by NUNEZ, J.

STEVENS, J. P.

Defendant appeals from a judgment rendered in New York County, convicting him after a trial by jury of perjury in the first degree. The perjury charged was that defendant swore falsely when he testified before a Grand Jury, investigating the activities of one Hugh Mulligan, that he had not cashed a check made out to H. Mulligan in the amount of $199.35. The People's case was based chiefly upon...

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