United States Second Circuit

Following a conviction of defendant for arson, wire fraud, and use of fire in the commission of a felony by a jury, district court's judgment of acquittal and a conditional grant of a new trial is vacated where: 1) defendant's son's refusal to answer certain questions at trial did not render his testimony for the government incredible as a matter of law; 2) the son's prior testimony against the defendant in a separate state court trial was properly admitted as nonhearsay; and 3) defendant was not prejudiced by the government's improper cross examination and arguments in summation or by the government's reference in summation to a breach of defendant's son's cooperation agreement.

Appellate Information

• Decided 07/25/2012
• Published 07/25/2012

Judges

• Lohier

Court

• United States Second Circuit

Counsel