In People v. Pelchat (62 NY2d 97, 464 NE2d 447, 476 NYS2d 79 [1984]), a police officer, stating that he misunderstood the question propounded to him before the Grand Jury, gave testimony which indicated that the defendant was observed, along with others, to have engaged in off-loading marihuana from a boat. In fact, the defendant was merely present in a building to which the marihuana had been delivered. The Court of Appeals held that the false evidence was the only evidence in the Grand jury linking the defendant to the unlawful possession of marihuana (as defendant's presence at the scene of arrest, standing alone, would not support the indictment), and thus the indictment was fatally defective because the Grand Jury had no evidence before it worthy of belief that defendant had committed a crime. In Pelchat, the false testimony was the only testimony linking defendant to the commission of a crime.