U.S. v. SCHWAB

No. 1360, Docket 89-1048.

886 F.2d 509 (1989)

UNITED STATES of America, Appellee, v. Philip SCHWAB, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 28, 1989.


Attorney(s) appearing for the Case

Michael Washor, New York, N.Y. (Washor, Greenberg & Washor, New York City, Leonard W. Yelsky, Angelo F. Lonardo, Yelsky & Lonardo Co., Cleveland, Ohio, on the brief), for defendant-appellant.

George B. Daniels, Asst. U.S. Atty. (Andrew J. Maloney, U.S. Atty., John Gleeson, Asst. U.S. Atty., Brooklyn, N.Y., on the brief), for appellee.

Before KAUFMAN, NEWMAN and MINER, Circuit Judges.


JON O. NEWMAN, Circuit Judge:

The principal issue on this appeal is whether a prosecutor may seek to impeach a defendant's credibility by asking the defendant on cross-examination about prior misconduct that the prosecutor knows has been the subject of a trial and an acquittal. The issue arises on an appeal by Philip B. Schwab from a judgment of the District Court for the Eastern District of New York (Eugene H. Nickerson, Judge), convicting him, upon a jury verdict...

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