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UNITED STATES v. COSENTINO

No. 83 CR 535.

581 F.Supp. 600 (1984)

UNITED STATES of America v. Joseph COSENTINO, Bernard Walters, also known as "Bernard Walton", James Jones, Eric West, Usey Odom, Eugene Austin, also known as "Sandy Austin", and Marvin Duggins, Defendants.

United States District Court, E.D. New York, Criminal Division.

March 5, 1984.

Attorney(s) appearing for the Case

Raymond J. Dearie, U.S. Atty., Peter A. Norling, Asst. U.S. Atty., Brooklyn, N.Y., for plaintiff.

Julius M. Wasserstein, New York City, for defendants.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

During the course of this criminal trial defendant James Jones sought to admit certain statements he made shortly after he was arrested. Relying upon United States v. DiMaria, 727 U.S. 265 (2d Cir. 1984), Jones argued that his protestations of innocence, made at the time he was being "processed" by FBI agents, were admissible under the state of mind exception to the hearsay rule. Fed.R.Evid. 803(3)...

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