People v. Rossi

Appellate Division of the Supreme Court of New York

People v. Rossi

210 A.D.2d 2, 619 N.Y.S.2d 558, 1994 N.Y. App. Div. LEXIS 11882

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 1, 1994

StatusPublished

This text of 210 A.D.2d 2 (People v. Rossi) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Rossi, 210 A.D.2d 2, 619 N.Y.S.2d 558, 1994 N.Y. App. Div. LEXIS 11882 (N.Y. Ct. App. 1994).

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Opinion

—Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered September 28, 1993, convicting defendant, after a nonjury trial, of perjury in the first degree, and making a punishable false written statement, and sentencing him to a term of probation, unanimously affirmed.

Viewing the evidence in the light most favorable to the People, the evidence adduced at the defendant’s trial estab[3]*3lishes his guilt beyond a reasonable doubt (People v Malizia, 62 NY2d 755, 757, cert denied 469 US 932). Not only was the evidence of falsity sufficient but it is also clear that defendant’s statement was a material factor as to whether the Grand Jury would indict the suspect since defendant’s testimony turned a case based upon circumstantial evidence into one of direct evidence (see, People v Davis, 53 NY2d 164, 171). Concur—Murphy, P. J., Rosenberger, Ross, Rubin and Williams, JJ.

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—Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered September 28, 1993, convicting defendant, after a nonjury trial, of perjury in the first degree, and making a punishable false written statement, and sentencing him to a term of probation, unanimously affirmed.

Viewing the evidence in the light most favorable to the People, the evidence adduced at the defendant’s trial estab[3]*3lishes his guilt beyond a reasonable doubt (People v Malizia, 62 NY2d 755, 757, cert denied 469 US 932). Not only was the evidence of falsity sufficient but it is also clear that defendant’s statement was a material factor as to whether the Grand Jury would indict the suspect since defendant’s testimony turned a case based upon circumstantial evidence into one of direct evidence (see, People v Davis, 53 NY2d 164, 171). Concur—Murphy, P. J., Rosenberger, Ross, Rubin and Williams, JJ.

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Bluebook (online)

210 A.D.2d 2, 619 N.Y.S.2d 558, 1994 N.Y. App. Div. LEXIS 11882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rossi-nyappdiv-1994.

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