Perjury Conviction Is Reversed for Contractor Tied to Kerik
The perjury conviction of Peter DiTommaso, a businessman connected to former New York City Police Commissioner Bernard Kerik, has been vacated by an appellate court that questioned using grand jury testimony from a forgetful witness.
February 25, 2015 at 04:00 AM
7 minute read
The perjury conviction of a businessman connected to former New York City Police Commissioner Bernard Kerik has been vacated by an appellate court that questioned using grand jury testimony from a forgetful witness.
The Appellate Division, First Department, on Tuesday reversed Peter DiTommaso's 2012 conviction for allegedly lying about not paying a contractor for renovations to Kerik's apartment and ordered a new trial.
Writing for the majority, Justice Richard Andrias (See Profile) said it was error to admit contractor Tim Woods' grand jury testimony about allegedly concealed payments under the “past recollection recorded” exception to the hearsay rule.
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