People v. Neumann

In People v. Neumann, 51 N.Y.2d at 665, a defendant who had testified that he had never discharged a "firearm" at the Prospect Park Zoo in Brooklyn was convicted of perjury based on evidence that he had, in fact, discharged a pellet gun and a rifle there. Noting that the Penal Law definition of "firearm" excluded both pellet guns and rifles, the defendant argued that his testimony was "literally true" and was thus not a proper basis for his perjury conviction. The Court of Appeals affirmed his conviction, holding that the meaning of the term "firearm," as it was used in the allegedly perjurious questions and answers, was a question for the jury, and that "[t]here was ample evidence from which a jury could conclude that defendant used the term 'firearm' in a sense broad enough to include [both weapons] . . . ." (51 N.Y.2d at 668.)