PEOPLE v. BLUMENTHAL


55 A.D.2d 13 (1976)

The People of the State of New York, Appellant, v. Albert Blumenthal, Respondent

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

December 12, 1976


Attorney(s) appearing for the Case

T. James Bryan of counsel (Howard Wilson with him on the brief; Charles J. Hynes, Deputy Attorney-General), for appellant.

Angelo T. Cometa of counsel (Louis Nizer and David G. Richenthal with him on the brief; Phillips, Nizer, Benjamin, Krim & Ballon, attorneys), for respondent.

MARKEWICH, J. P., SILVERMAN, CAPOZZOLI and LANE, JJ., concur.


KUPFERMAN, J.

While we affirm the determination granting the defendant's motion to dismiss this 12-count superseding indictment, and the Justice at Trial Term has in an extensive opinion reviewed the matter in great detail, we set forth our own analysis, more briefly, because we differ to some extent in our approach to the problem.

The initial indictment contained eight counts of perjury in the first degree...

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