People v. Ward

The People appeal from an order dismissing an indictment wherein the defendant was charged with perjury in the first degree (2 counts) and criminal contempt (2 counts).

In dismissing the indictment, the court below held that the testimony of June 9, and June 11, while different, was the product *176of ‘ ‘ apparent confusion ’ ’ and was not willful but was induced by aggressive questioning and a denial of access to counsel. In addition, ‘ ‘ The indictment ' * * * is not consistent with the record ’ ’.

We disagree. The test to be applied on a motion to dismiss the indictment for insufficiency of…