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People v. Willis

Appellate Division of the Supreme Court of New York, Second Department
Apr 10, 1978
62 A.D.2d 1017 (N.Y. App. Div. 1978)

Opinion

April 10, 1978


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered December 5, 1975, convicting him of perjury in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, indictment dismissed, and case remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50. As the District Attorney has candidly conceded, the judgment must be reversed and the indictment dismissed because the defendant's testimony before the Grand Jury and at the trial, taken as a whole, was not inconsistent and does not support a conviction for perjury. Hopkins, J.P., Martuscello, Latham and Shapiro, JJ., concur.


Summaries of

People v. Willis

Appellate Division of the Supreme Court of New York, Second Department
Apr 10, 1978
62 A.D.2d 1017 (N.Y. App. Div. 1978)
Case details for

People v. Willis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERT WILLIS, JR.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 10, 1978

Citations

62 A.D.2d 1017 (N.Y. App. Div. 1978)