While we agree that the conclusion reached by Criminal Term was proper, we are unable to concur in all of the reasons relied on to justify that determination. We hold, as a matter of law, that the defendant did not recant his testimony. However, we are in agreement that the indictment was bottomed upon an answer given to the Grand Jury which was of little relevance to the subject matter of the investigation and, in the circumstances of this case, was intended as a perjury...
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