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PEOPLE v. O'NEILL

204 Misc. 859 (1953)

The People of the State of New York, Plaintiff, v. Patrick O'Neill, Defendant.

Supreme Court, Extraordinary Special and Trial Term, Richmond County.

October 6, 1953.

Attorney(s) appearing for the Case

William C. Brennan, Jr., for defendant.

Nathaniel L. Goldstein, Attorney-General (William B. Herlands and Abraham M. Paltz, Special Assistant Attorneys-General, of counsel), for plaintiff.

BENVENGA, J.

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,...

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