People v. Frisbie

This is an appeal from an order of the County Court, Cortland County, which dismissed an indictment charging defendant with the crime of perjury in the second degree (Benal Law, § 210.10).

On October 2,1970 defendant, currently serving a 1- to 3-year sentence following a conviction of robbery in the third degree, allegedly swore to a petition entitled ‘ ‘ Affidavit in Support of a Writ of Error Coram Nobis ” which purportedly contained certain false statements. After arraignment, defendant "moved to dismiss the indictment “in the interest of justice *’, which motion was denied. Defendant…