New York Court of Appeals

The People of the State of New York v. Andrew R. Tyler

December 20, 197846 N.Y.2d 251

Summary

The Court affirmed the Appellate Division’s dismissal of the perjury indictment against a New York Supreme Court Justice, holding that a prosecution based on false answers to peripheral details where the prosecutor showed no legitimate investigative purpose is invalid. The Court also found that the lack of a proper foundation to refresh the witness’s memory precluded a conviction on those counts.