PEOPLE v. JACKSON


220 A.D.2d 688 (1995)

633 N.Y.S.2d 61

The People of the State of New York, Respondent, v. Mark Jackson, Appellant

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

October 23, 1995


Ordered that the judgment is affirmed.

The defendant claims that the Supreme Court erred in not dismissing the indictment based upon the fact that the trial testimony of the People's principal witness differed from the testimony which he gave before the Grand Jury. However, while it is proper, after a plea of guilty, to review the validity of an indictment based solely upon false testimony, where, as here, the judgment of conviction follows a trial, "the sufficiency...

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