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Prosecution Failed to Prove the Requisite Intent and Materiality in a Perjury Case

In reversing defendant’s (Hadid’s) conviction for perjury, the Second Department determined there was insufficient evidence defendant testified with the requisite intent and there was insufficient evidence the allegedly perjurious statement was “material.” The alleged perjury was testimony by the defendant at the trial of one Kargu. The decision illustrates the stringent proof requirement in a perjury case:

Viewing the evidence in the light most favorable to the prosecution … , we find that it was legally insufficient to establish Hadid’s guilt of perjury in the first degree beyond a reasonable doubt … . As a matter of law, the evidence failed to establish that Hadid had made a false statement under oath. To prove falsity, the prosecution must show that the witness was intentionally, rather than mistakenly, testifying falsely … . To determine intent, the court will look at whether the statement at issue related to a memorable fact, the significance of the event at the time it occurred, the line of inquiry of the examiner, and whether a fact was deliberately concealed if concealment is alleged … . * * *

The People’s also failed to establish beyond a reasonable doubt that Hadid’s statements were material to the Kargu trial … . ” [T]he test of materiality is whether the false testimony was capable of influencing the tribunal on the issue before it'” … .

Contrary to the prosecution’s contention, neither Hadid’s statements at trial nor his credibility were material to Kargu’s guilt or nonguilt … . People v Hadid, 2014 NY Slip Op 06842, 2nd Dept 10-8-14

 

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