People v. Sims , 15 A.D.2d 516 ( 1961 )

In our opinion, there was insufficient proof of perjury; and in any event there was a complete absence of any factual showing that the District Attorney had any knowledge of the alleged perjury (cf. People v. Oddo, 300 N. Y. 649; People v. Fanning, 300 N. Y. 593; People v. Mysholowsky, 13 A D 2d 823). Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.