United States Second Circuit

Conviction of being a felon in possession of a firearm, in violation of 18 U.S.C. section 922(g), is vacated where: 1) the record is insufficiently developed to permit appellate review of the district court-s order denying motion to suppress; and 2) there was error in the jury instruction that the defendant's interest in the outcome of the case created a motive to testify falsely.

Appellate Information

• Decided 07/20/2006
• Published 07/20/2006

Judges

• GLEESON, District Judge., Before:  JACOBS, B.D. PARKER, Circuit Judges, and GLEESON, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Michael Farbiarz, Assistant United States Attorney for the Southern District of New York (Karl Metzner, Assistant United States Attorney, Of Counsel;  David N. Kelly, United States Attorney, on the brief), New York, NY, for Appellee., Darrell B. Fields, Federal Defenders of New York, Inc., Appeals Bureau, New York, NY, for Defendant-Appellant.