People v. Oliver

OPINION OF THE COURT

Michael F. McKeon, J.

Defendant moves to dismiss an accusatory instrument charging him with falsely reporting an incident in the third degree in violation of Penal Law § 240.50 (3) (a) on grounds that a false statement he made to the police was the result of solicitation and not gratuitously given as required by the statute.

According to the information and supporting affidavits, on June 26, 2002 the defendant was questioned by Investigators McLeod and Weeks of the Cayuga County Sheriff’s Department concerning a robbery and assault which occurred at the *251Highway Oil Gas…