People v. Robertson

Dye, J. (dissenting).

Following a cor am nobis hearing on the merits, both courts below have held that Officer Casey did not commit perjury at the 1957 trial when he inadvertently and mistakenly testified that he was constantly in the Brooklyn Burglary Squad on the afternoon of November 30, 1956 until 7:00 p.m. and that at no time did he leave the precinct all that afternoon. At the coram nobis hearing Officer Casey, having had his recollection refreshed, testified that in fact he did leave the squad office to take a statement at the District Attorney’s office involving another crime at about…