People v. Dobler
| Citation | 215 N.Y.S.2d 313,29 Misc.2d 481 |
| Parties | PEOPLE of the Sttae of New York v. Gustave A. DOBLER, Defendant. |
| Decision Date | 16 May 1961 |
| Court | New York County Court |
John P. Cohalan, Jr. Dist. Atty., of Suffolk County, Riverhead (Harold Ashare, Asst. Dist. Atty., Patchogue, on the brief), for the People of New York.
Weismann, Meyer & Wexler, Smithtown (Leonard D. Wexler, Smithtown, of counsel), for defendant.
Gustave A. Dobler, a Suffolk County Police Sergeant, having testified before the Suffolk County Grand Jury on October 27, 1960 under waiver of immunity, was indicted by that Grand July for Perjury in the First Degree. He moves for inspection of the Grand July Minutes or alternatively for a dismissal of the indictment.
During a long period commencing in July, 1960, that Grand Jury was engaged in an investigation into irregularities in Suffolk County Civil Service examination papers.
One such paper was that of the defendant, he having taken such an examination on November 16, 1957. The examination paper consisted of two parts: first, an identification sheet, which is concededly in the handwriting of Dobler; secondly, an answer sheet, upon which appeared certain handprinting purporting to be that of Dobler.
It was the theory of the People that the answer sheet was a forged substitution of his original answer sheet. The Grand Jury heard testimony from expert witnesses from which they were entitled to determine that the handprinting on Dobler's answer sheet was in fact forged. Thereafter the defendant testified under waiver of immunity.
It will not be necessary in this opinion to write upon the question of whether or not the testimony of this defendant was false, and was made wilfully and knowingly or whether it was given as a result of forcing an unequivocal answer in a situation where a witness was attempting to express an opinion or belief (Cf. People v . Smilen, Sup., 33 N.Y.S.2d 803; People ex rel. Hegeman v. Corrigan, 195 N.Y. 1, 13, 87 N.E. 792, 796; See also Krauskopf v. Tallman, 35 App.Div. 273, 56 N.Y.S. 967, affirmed 170 N.Y. 561, 62 N.E. 1096). I may be called upon to write an opinion on such matters in the companion cases of People v. Romler, Co.Ct., 215 N.Y.S.2d 315 and People v. Mutz, both pending before me on similar motions in the Suffolk County cases.
This indictment must be dismissed for other reasons.
A Grand Jury can receive none but legal evidence. Code Criminal Procedure, § 249.
It has long been held in State that the results of a lie detector test may not be introduced into evidence. This rule of evidence will continue until such time as there is general scientific recognition that the instrument or instruments used is or are effective for the purpose of determining the truth and that the evidence relating to it possesses such value that reasonable certainty can follow from such tests. People v. Forte, 279 N.Y. 204, 18 N.E.2d 31, 119 A.L.R. 1198. Inventions like polygraphs, lacking in reasonable certainty, are rejected as instruments of proof. People v. Nasella, 3 Misc.2d 418, 424, 155 N.Y.S.2d 463, 470 .
The Grand Jury evidence discloses (Minutes of Oct. 27, p. 26-27...
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