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U.S. v. EVERETT

Nos. 869, 978, Dockets 86-1444, 86-1454.

825 F.2d 658 (1987)

UNITED STATES of America, Appellee, v. Cornel EVERETT and Timothy Scott, Defendant-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 31, 1987.

Attorney(s) appearing for the Case

Phylis Skloot Bamberger, New York City (The Legal Aid Society, Federal Defender Services Unit, New York City, of counsel), for defendant-appellant Everett.

Roger Bennet Adler, New York City, for defendant-appellant Scott.

Kenneth Roth, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Kerri L. Martin, Asst. U.S. Atty., New York City, of counsel), for appellee U.S.

Before OAKES, KEARSE and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal raises a common, yet vexing issue of the use of "other crimes" evidence during a trial. Because "other crimes" evidence attains a special place in the jury's mind, the government is forbidden from introducing it solely to prove that a defendant has a propensity to commit crimes. The prejudice of this proof, once admitted, sticks to a defendant like mud throughout the trial. Such a harsh result is justified only when the "other...

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