People v. O'Neill

This is an application by defendant, charged with the misdemeanor of perjury in the second degree, for a certificate, under section 31 of the New York City Criminal Courts Act, that it is reasonable that the charge be prosecuted by indictment.

As has been pointed out, there are many decisions construing section 31, not all of which are in accord (People v. Schulman, 175 Misc. 157, 158). Indeed, even decisions since the Schulman case are in direct conflict (see People v. Satterthwaite, 195 Misc. 33). All the cases, however, are agreed that, in the final analysis, the application is addressed to…