People v. Dwyer

—Judgment unanimously reversed on the law and indictment dismissed. Memorandum: Upon our review of the record, we conclude that the evidence is legally insufficient to establish that defendant *943knowingly and intentionally lied when he testified before the Grand Jury and thus the judgment convicting defendant of perjury in the third degree must be reversed (see, People v Rosano, 69 AD2d 643, affd 50 NY2d 1013). "A person is guilty of perjury in the third degree when he swears falsely” (Penal Law § 210.05). "A person 'swears falsely’ when he intentionally makes a false statement which he does…