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PEOPLE v. FISHER

244 A.D.2d 191 (1997)

664 N.Y.S.2d 277

The People of the State of New York, Respondent, v. Carl Fisher, Appellant

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

November 13, 1997

We reject defendant's claim that he was deprived of a fair trial by the introduction of allegedly "perjured" testimony. Inconsistency in the evidence does not warrant a conclusion that perjury was committed (see, People v Kitchen, 162 A.D.2d 178, lv denied 76 N.Y.2d 941). The inconsistences and their explanatory circumstances were brought to the jury's attention or were available to defendant.

Defendant was...

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