People v. Rossi

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

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 establishes 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.