People v. Lombardozzi

Jasen, J. (dissenting).

The question presented on this appeal is whether the evidence was sufficient for the jury to find beyond a reasonable doubt that the defendant’s coneededly false testimony, relating to material matter, was given “ wilfully and knowingly”. (Former Penal Law, § 1620.)

The law is well settled that the falsity of one’s testimony does not alone establish that it was given “ wilfully and knowingly ”. (People v. Samuels, 284 N. Y. 410, 415; People v. Hattemer, 4 AD 2d 775, affd. 4N Y2d 835; see, also, Perkins, Criminal Law [1957 ed.], pp. 389-390; A.L.I. Model Penal Code T. D.…