In People v. Robertson, 12 NY2d 355 (1963), the Court set aside a conviction where a police officer gave false rebuttal testimony. The Assistant District Attorney who had tried the case testified he had no knowledge at the time of the criminal trial that the testimony was false. The Court held that the officer's false testimony, even if unintentional, was chargeable to the prosecution. "The fault of the offender may be less but the effect is the same and the giving of carelessly false testimony is in its way as much of a fraud' on the court as if it were deliberate." Id., at 360.