People v. Samuels

Defendant, who is a physician, was convicted in the Court of Special Sessions of the City of New York, County of Queens, of the crime of perjury in the second degree. In my opinion the judgment should be reversed and the information dismissed because the court did not have jurisdiction of the subject-matter. Before giving my reasons, a brief review of the statutes defining perjury and the effect of the recent amendments may be helpful.

*168Prior to 1935 perjury was a crime only if committed as to “ any material matter.” (Penal Law, § 1620.) In 1935 materiality was deleted from the definition of…