United States Second Circuit

State court temporary restraining order sought to be introduced by the government as evidence of defendant's state of mind is being offered for a non-hearsay purpose, and the district court erred in failing to consider the order's probative value under Federal Rule of Evidence 403, on the issue of defendant's knowledge of, and intent to, violate a contractual obligation to maintain funds at Amalgamated Bank.

Appellate Information

• Decided 01/28/2013
• Published 01/28/2013

Judges

• LIVINGSTON

Court

• United States Second Circuit

Counsel