Opinion
Argued June 10, 1974
Decided June 27, 1974
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, BURTON B. ROBERTS, J.
Harvey L. Greenberg for appellant.
Richard H. Kuh, District Attorney ( Barry M. Fallick and Lewis R. Friedman of counsel), for respondent.
MEMORANDUM. This defendant was convicted of perjury on the basis of a duly authenticated tape recording. In this situation section 210.50 of the Penal Law, providing that the "falsity of a statement may not be established by the uncorroborated testimony of a single witness" has no application. Nor is there any basis for a conclusion that the jury as a whole, as distinguished from the single objecting juror, was constrained to continue deliberating. We have examined defendant's other contentions and find them to be without merit.
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur.
Order affirmed in a memorandum.