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PEOPLE v. DAVIS

53 N.Y.2d 164 (1981)

The People of the State of New York, Appellant, v. James Davis, Respondent.

Court of Appeals of the State of New York.

Decided June 11, 1981.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Vivian Berger, Mark Dwyer and Philip Kunsberg of counsel), for appellant.

Charles T. Brosokas, Richard Hartman and Raymond E. Kerno for respondent.

Judges JASEN, GABRIELLI and MEYER concur with Chief Judge COOKE; Judge WACHTLER dissents and votes to affirm in a separate opinion in which Judges JONES and FUCHSBERG concur.

Chief Judge COOKE.

Presented on this appeal is the question whether a perjury indictment should have been dismissed under People v Tyler (46 N.Y.2d 251) as the product of a perjury trap set by the prosecutor. The courts below held in the affirmative. We now reverse, concluding that dismissal of the indictment is unwarranted on the present record.

Defendant was...

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