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PEOPLE v. STEINER

77 A.D.2d 13 (1980)

The People of the State of New York, Appellant, v. Helmut Steiner, Respondent

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

October 7, 1980

Attorney(s) appearing for the Case

Arthur Weinstein of counsel (Charles J. Hynes, attorney), for appellant.

Jack S. Hoffinger of counsel (Robert A. Goldschlag and Stephen L. Weiner with him on the brief; Hoffinger, Friedland & Roth, attorneys), for respondent.

SANDLER, SULLIVAN, BLOOM and CARRO, JJ., concur.

FEIN, J.

The People appeal from the dismissal of an indictment accusing the defendant of three counts of perjury in the first degree. The dismissal was grounded upon a finding that "the evidence is insufficient in law to find guilt beyond a reasonable doubt". This determination was based upon a conclusion that "a fair analysis of the entire testimony is consonant with fallibility of memory, not with deliberate...

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