Legal Opinion

People v. Davis

New York Court of Appeals

Decided June 11, 1981PublishedCited by 37 opinions

1Opinion of the Court

*166OPINION OF THE COURT

Chief Judge Cooke.

Presented on this appeal is the question whether a perjury indictment should have been dismissed under People v Tyler (46 NY2d 251) as the product of a perjury trap set by the prosecutor. The courts below held in the affirmative. We now reverse, concluding that dismissal of the indictment is unwarranted on the present record.

Defendant was indicted for perjury in the first degree for giving false testimony during a Grand Jury investigation of bribery and official misconduct. Defendant, then a detective in the Seventh Homicide Division and a 19-year veteran…

2Cases cited12 opinions

  1. People v. Calbud, Inc.New York Court of Appeals · 1980
  2. People v. StanardNew York Court of Appeals · 1977
  3. Wood v. . People of the State of N.Y.New York Court of Appeals · 1874
  4. People v. ClementeAppellate Division of the Supreme Court of the State of New York · 1954
  5. People v. TylerNew York Court of Appeals · 1978

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3Cited by37 opinions

  1. Brogdon v. City of New RochelleDistrict Court, S.D. New York · 2002
  2. State v. WheelSupreme Court of Vermont · 1990
  3. People v. ThomasAppellate Division of the Supreme Court of the State of New York · 1990
  4. Dale v. KelleyDistrict Court, W.D. New York · 1995
  5. People v. BedellAppellate Division of the Supreme Court of the State of New York · 2011

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