PEOPLE v. TYLER


46 N.Y.2d 251 (1978)

The People of the State of New York, Appellant, v. Andrew R. Tyler, Respondent.

Court of Appeals of the State of New York.

Decided December 20, 1978.


Attorney(s) appearing for the Case

John F. Keenan, Deputy Attorney-General (Thomas A. Duffy, Jr., Mark M. Baker and Mary H. Smith of counsel), for appellant.

Milton S. Gould, Saul S. Streit and Richard F. Czaja for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


Chief Judge BREITEL.

Based on testimony he gave before a Grand Jury, defendant, a Supreme Court Justice, was convicted after jury trial on three counts of perjury in the first degree (Penal Law, § 210.15). He was sentenced to probation. The Special Prosecutor appeals from the Appellate Division's unanimous reversal and dismissal of the indictment.

There should be an affirmance.

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