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UNITED STATES v. ROSADO

Nos. 251, 387 to 390, Dockets 83-1213 to 83-1217.

728 F.2d 89 (1984)

UNITED STATES of America, Appellee, v. Julio ROSADO, Andres Rosado, Ricardo Romero, Steven Guerra, and Maria Cueto, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 10, 1984.

Attorney(s) appearing for the Case

Elizabeth M. Fink, Brooklyn, N.Y., for defendant-appellant Cueto.

Julio Rosado, for defendant-appellant Julio Rosado pro se.

Michael E. Deutsch, Chicago, Ill. (Margaret Ratner and Michael Ratner, New York City, on the brief for all appellants), for defendants-appellants Guerra, Romero, and Andres Rosado.

James D. Harmon, Jr., Asst. U.S. Atty., Brooklyn, N.Y. (Raymond J. Dearie, U.S. Atty., L. Kevin Sheridan and Charles E. Rose, Asst. U.S. Attys., Brooklyn, N.Y., on the brief), for appellee.

Before NEWMAN and DAVIS, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal illustrates the hazards of permitting defendants in a criminal case to present evidence beyond what is relevant to disputing the elements of the offense charged or to establishing a lawful defense. Because the trial judge, in an effort to be solicitous of defense contentions, permitted evidence on issues inappropriate for jury consideration, we are now faced on appeal with the defendants' argument, among others, that their...

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