Opinion
April 24, 1995
Appeal from the Supreme Court, Kings County (Owens, J.).
Ordered that the order is reversed, on the law, the defendant's renewed motion for a trial order of dismissal is denied, the indictment and verdict are reinstated, and the matter is remitted to the Supreme Court, Kings County, for sentencing.
Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish that the defendant's false testimony under oath at a hearing was material to the pending criminal action pursuant to which the hearing was held (see, People v Davis, 53 N.Y.2d 164; People v Bartolotta, 124 A.D.2d 588; People v Kenny, 100 A.D.2d 554; People v Doody, 172 N.Y. 165).
We have examined the defendant's remaining contention and find it to be without merit. Copertino, J.P., Pizzuto, Joy and Friedmann, JJ., concur.