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Fourth Department – Grand jury testimony: People v. Harvey
Daily Record Staff//March 31, 2025//
New York State Supreme Court, Appellate Division, Fourth Judicial Department
Grand jury testimony — False testimony — Collateral issue
KA 10-01112
Appealed from Supreme Court, Monroe County
Background: The defendant appealed from his conviction of murder, robbery, and attempted robbery. His conviction arose from an incident in which the defendant and three other individuals robbed the owner of a barbershop and one of the other individuals fatally shot the owner.
Ruling: The Appellate Division affirmed. The court held that a witness who committed perjury during his grand jury testimony by using his brother’s first name as his own does not warrant dismissal. It was a collateral issue and there was ample evidence to support the indictment.
Stephanie M. Stare, of the conflict defender’s office, for the defendant-appellant; Lisa Gray, of the district attorney’s office, for the respondent.
Submitted
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