People v. Grier
| Decision Date | 19 July 1973 |
| Citation | 42 A.D.2d 803,346 N.Y.S.2d 422 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Willie J. GRIER, Appellant. |
| Court | New York Supreme Court — Appellate Division |
John A. Williamson, Jr., Asst. Dist. Atty., Albany, for respondent.
J. Raymond Fisher, Albany, for appellant.
Before HERLIHY, P.J., and STALEY, COOKE, SWEENEY and KANE, JJ.
Appeal from a judgment of the County Court of Albany County, rendered June 8, 1970, upon a verdict convicting defendant of 17 counts of perjury in the third degree.
At the trial of defendant, charged in a short form indictment with 17 counts of perjury in the second degree in violation of section 210.20 of the Penal Law, the prosecution put in evidence the transcript of defendant's testimony before the Grand Jury and a written statement, over objection, signed and allegedly sworn to by defendant before a notary public. The notary, also a practicing attorney, testified that, although defendant signed the statement and said it was the truth, she did not swear him in, that she did not tell defendant she was a notary public or that he was under oath, and that she did not ask him if he swore to the truth of that which he signed or was about to sign. She also related that the words 'Sworn to before me this 23rd day of January, 1970, A. Linda Leventhal, Notary Public', were added to the end of the writing after defendant signed the last page.
Section 210.05 of the Penal Law states: 'A person is guilty of perjury in the third degree when he swears falsely' and subdivision 5 of section 210.00 of said law provides: "Swear falsely.' A person 'swears falsely' when he intentionally makes a false statement which he does not believe to be true (a) while giving testimony, or (b) under oath in a subscribed written instrument. A false swearing in a subscribed written instrument shall not be deemed complete until the instrument is delivered by its subscriber, or by someone acting in his behalf, to another person with intent that it be uttered or published as true.' Section 210.20 reads in part: * * *' As...
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People v. Coles
...A jurat containing the words "being duly sworn" is evidence of the fact that an oath was in fact properly administered (People v. Grier, 42 A.D.2d 803, 346 N.Y.S.2d 422). However, such jurat is neither part of the oath nor conclusive evidence of its due administration and may be attacked an......
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...given by the informant to the defendant's attorney obviously could not be perjurious even if untruthful (PL 210.00(5); People v. Grier, 42 A.D.2d 803, 346 N.Y.S.2d 422), so the immunity for any past perjury did not include this statement. Nothing would have precluded the use of this stateme......
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State v. Aguilar, 13171
...to no relaxation of the constitutional guaranty of the citizen in order to punish it." 240 F.2d at 906. See also People v. Grier, 42 A.D.2d 803, 346 N.Y.S.2d 422 (1973). Whether Aguilar was under oath at the time he made the alleged perjurious answer was a question of fact which the trial c......
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People v. Laws
...those inconsistencies and harmonize one with the other merely presented issues of fact for resolution by the jury (see People v. Grier, 42 A.D.2d 803, 346 N.Y.S.2d 422). We not only find the proof sufficient to establish defendant's guilt beyond a reasonable doubt and the jury's verdict con......