UNITED STATES v. KLEIN

No. 77 Cr. 234 (CMM).

438 F.Supp. 485 (1977)

UNITED STATES of America, v. Allen KLEIN, Defendant.

United States District Court, S. D. New York.

September 30, 1977.


Attorney(s) appearing for the Case

Robert B. Fiske, Jr., New York City, U. S. Atty., S.D.N.Y., for the United States; Thomas E. Engel, Robert N. Shwartz, Asst. U. S. Attys., New York City, of counsel.

Rosenman, Colin, Freund, Lewis & Cohen, New York City, for defendant; Gerald Walpin, Thomas DeZure, David Ash, New York City, of counsel.


METZNER, District Judge.

In advance of trial defendant seeks a ruling to prevent the government from introducing in evidence for impeachment purposes if the defendant takes the stand, a prior conviction for willful failure to file federal income tax withholding returns. The resolution of this issue is requested now because of its possible impact on the opening statement to the jury by defense counsel.

The prior conviction under 26 U.S.C. § 7203 is a misdemeanor...

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