§ 329. Penalties. 1. The failure of any witness, when duly subpoenaed, to attend, give testimony or produce other evidence shall be punishable by the supreme court in the same manner as such failure is punishable by such court in a case therein pending.

Terms Used In N.Y. Racing, Pari-Mutuel Wagering and Breeding Law 329

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Oath: A promise to tell the truth.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

2. Any person who shall fail to file any affidavit as required by this article shall be guilty of an offense punishable by fine not to exceed one thousand dollars or imprisonment not exceeding one year or both. Except as provided otherwise by law, such an offense shall not be a crime and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment, and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person convicted thereof.

3. Any person who shall wilfully make or file any false or fraudulent report, statement, affidavit or application required by this article to be made or filed under oath, or who, having been sworn or affirmed as a witness in any hearing as provided for in this article, shall wilfully give false testimony, shall be guilty of perjury.

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