People v. Bartolotta

The defendant’s conviction is based upon his giving false testimony during a Grand Jury investigation concerning extortion, robbery and the tampering with a certain witness. The defendant challenges his conviction on numerous grounds, several of which merit discussion. Initially, we reject his claim that the indictment is the product of a perjury trap set by the prosecutor (see, People v Davis, 53 NY2d 164, 174; cf. People v Tyler, 46 NY2d 251). This issue was properly presented to the jury which, in view of the verdict, determined that the indictment was not predicated upon interrogation…