People v. Frisbie

Defendant stands indicted in a one-count instrument for the felony crime of perjury in the second degree. He now moves to dismiss that indictment pursuant to the Criminal Procedure Law. While multiple reasons are advanced for the requested relief, the court need base its decision upon a single ground, to wit: ‘ ‘ there exists some other jurisdictional or legal impediment to conviction for the offense charged.” (CPL 210.20, subd. 1, par. [h]).

The history behind this indictment is essentially agreed upon. Following a judgment of conviction for another crime, defendant initiated a petition for a…