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U.S. v. OSHATZ

Nos. 847, 858, Dockets 89-1228, 89-1375.

912 F.2d 534 (1990)

UNITED STATES of America, Appellee, v. Michael P. OSHATZ and Leonard A. Messinger, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 23, 1990.

Attorney(s) appearing for the Case

Roanne L. Mann (Bertrand C. Sellier, Stein, Zauderer, Ellenhorn, Frischer & Sharp, New York City, on the brief), for defendant-appellant Oshatz.

Mark F. Pomerantz (David T. Grudberg, Fischetti Pomerantz & Russo, New York City, on the brief), for defendant-appellant Messinger.

Robert J. Cleary, Asst. U.S. Atty. (Otto G. Obermaier, Christine Gray, Kerri Martin Bartlett, Helen Gredd, Anne C. Ryan, Asst. U.S. Attys., New York City, on the brief), for appellee.

Before NEWMAN and PRATT, Circuit Judges, and MUKASEY, District Judge.

JON O. NEWMAN, Circuit Judge:

The primary issue on this appeal is whether the prosecution may cross-examine a defendant's character witness by asking questions based on an assumption that the defendant is guilty of the offense charged. This issue arises on an appeal by Michael P. Oshatz and Leonard A. Messinger from their judgments of conviction entered, respectively, on July 14 and May 5, 1989, in the District Court for the Southern District of New York (Robert W...

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