People v. Robertson

Chief Judge Desmond.

This is a coram nobis case with a difference. Defendant has been denied relief although the fact on which he relies — that a police officer’s important testimony at defendant’s criminal trial was false — is now undisputed and has been decided in his favor after a coram nobis hearing. But a new trial was denied him on a finding by the County Judge that the false testimony given at the criminal trial was not perjurious (that is, mistaken but not intentionally false) and on further findings that the prosecutor was not aware of the falsity and that the untrue testimony was not…