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PEOPLE v. BURCH

88 Misc.2d 835 (1976)

The People of the State of New York, Plaintiff, v. Sidney Burch and Edith Cousins, Defendants.

Supreme Court, Criminal Term, Bronx County.

December 13, 1976

Attorney(s) appearing for the Case

Rubin, Hanley & Amsterdam (Vincent P. Hanley, Jr., of counsel), for Edith Cousins, defendant. Vincent J. La Gamma for Sidney Burch, defendant. Mario Merola, District Attorney (Walter L. Rich of counsel), for plaintiff.

JOEL J. TYLER, J.

We are presented with a unique proposition. We are asked, in effect, to apply the term "perjurious", as used and intended in People v Alfinito (16 N.Y.2d 181, 186), in a case, as here, where no legal perjury has been found in the allegations to secure a search warrant. Is Alfinito limited only to cases where legal perjury is established? I believe...

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