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U.S. v. OSHATZ

No. 87 Cr. 1000 (RWS).

704 F.Supp. 511 (1989)

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

United States District Court, S.D. New York.

January 26, 1989.

Attorney(s) appearing for the Case

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City (Robert Cleary, Christine Gray, Asst. U.S. Attys. of counsel), for U.S.

Slotnick & Baker, New York City (Barry Ivan Slotnick, Carl M. Bornstein, of counsel), for Defendant Michael P. Oshatz.

Fischetti Pomerantz & Russo, New York City (Ronald P. Fischetti, Ronald Russo, of counsel), for Defendant Leonard A. Messinger.

OPINION

SWEET, District Judge.

At issue is the propriety under Fed. R.Evid. 405(a) of a question posed during the cross-examination of a fact witness who had testified as to defendant's honesty. The question asked the witness to assume certain facts in contention and to indicate whether such facts would alter her opinion.

Defendants Michael P. Oshatz ("Oshatz") and Leonard A. Messinger ("Messinger"), both lawyers in the same firm, have been charged...

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