Judgment modified as to the conviction, on the law and the facts, by changing the conviction to one of perjury in the third degree; as so modified, judgment as to the conviction affirmed; judgment reversed as to the sentence, on the law, and case remanded to the County Court for resentencing.
Upon this record, the evidence was legally insufficient to establish defendant's guilt of the crime of perjury in the first degree. The People have failed to establish that defendant...
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