Commonwealth v. Gresek

Nolan, J.

(dissenting). I dissent. For reasons set forth in my dissent in Commonwealth v. Coleman, supra 797, I would hold that where a judge is satisfied beyond a reasonable doubt that a defendant has committed perjury in his presence, the judge is entitled to consider the perjury in sentencing the defendant, as one factor among others in assessing the defendant’s prospects for rehabilitation and restoration to a useful niche in society.