
    The People of the State of New York, Respondent, v. Charles Sims, Appellant.
   In our opinion, there was insufficient proof of perjury; and in any event there was a complete absence of any factual showing that the District Attorney had any knowledge of the alleged perjury (cf. People v. Oddo, 300 N. Y. 649; People v. Fanning, 300 N. Y. 593; People v. Mysholowsky, 13 A D 2d 823). Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.  