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r purpose; (2) it is relevant to a material issue in dispute; and (3) its probative value is substantially outweighed by its prejudicial effect...." LaFlam, 369 F.3d at 156. There is no proper purpose for the admission of any of the alleged perjury which occurred decades after the charges in Counts 1-4.
under Rule 404(b), which allows such evidence to be admitted for any proper purpose other than to demonstrate criminal propensity. United States v. LaFlam, 369 F.3d 153, 156 (2d Cir.2004). The rule, however, is not "a carte blanche to admit prejudicial extrinsic act evidence...." United States v. Scott
dly made a materially false statement that relates directly to the underlying crime and the crime is temporally related to the false statement. The Potamitis case that the government relies upon primarily for this proposition is a good example. In that case, the defendant was charged with making false st
ion of justice because he lied to the FBI agents and the Grand Jury about the underlying crimes for which he was being investigated and questioned. Potamitis, 739 F.2d at 786-87; see also United States v. Ruiz, 894 F.2d 501 (2d Cir. 1992) (common plan or scheme between lying on a non- profit's loan applic
under Rule 404(b), which allows such evidence to be admitted for any proper purpose other than to demonstrate criminal propensity. United States v. LaFlam, 369 F.3d 153, 156 (2d Cir.2004). The rule, however, is not "a carte blanche to admit prejudicial extrinsic act evidence...." United States v. Scott
dly made a materially false statement that relates directly to the underlying crime and the crime is temporally related to the false statement. The Potamitis case that the government relies upon primarily for this proposition is a good example. In that case, the defendant was charged with making false st
ion of justice because he lied to the FBI agents and the Grand Jury about the underlying crimes for which he was being investigated and questioned. Potamitis, 739 F.2d at 786-87; see also United States v. Ruiz, 894 F.2d 501 (2d Cir. 1992) (common plan or scheme between lying on a non- profit's loan applic
) is admitted with a limiting instruction to the July, if requested. See Huddleston v. United States, 485 U.S. 681, 691- 92 (1988); United States v. LaFlam, 369 F.3d 153, 156 (2d Cir. 2004). Here, evidence regarding the defendant's interactions with Minor Victim-3 is admissible to prove the defendant's
t, "[t]he contention that there is some inherent prejudice in joining perjury and related counts with substantive charges has been widely rejected." Potamitis, 739 F.2d at 791. And courts routinely hold that there is no prejudice where the evidence in support of the two counts is "interconnected." Blakney
er of "underlying substantive crimes with perjury counts" is appropriate "where, as here, the false declarations concern the substantive offenses." Potamitis, 739 F.2d at 791; see also United States v. Ruiz, 894 F.2d 501 (2d Cir. 1992) (same). In Ruiz, the defendant was a New York state senator who founde
) is admitted with a limiting instruction to the July, if requested. See Huddleston v. United States, 485 U.S. 681, 691- 92 (1988); United States v. LaFlam, 369 F.3d 153, 156 (2d Cir. 2004). Here, evidence regarding the defendant's interactions with Minor Victim-3 is admissible to prove the defendant's
t, "[t]he contention that there is some inherent prejudice in joining perjury and related counts with substantive charges has been widely rejected." Potamitis, 739 F.2d at 791. And courts routinely hold that there is no prejudice where the evidence in support of the two counts is "interconnected." Blakney
er of "underlying substantive crimes with perjury counts" is appropriate "where, as here, the false declarations concern the substantive offenses." Potamitis, 739 F.2d at 791; see also United States v. Ruiz, 894 F.2d 501 (2d Cir. 1992) (same). In Ruiz, the defendant was a New York state senator who founde
) is admitted with a limiting instruction to the jury, if requested. See Huddleston v. United States, 485 U.S. 681, 691- 92 (1988); United States v. LaFlam, 369 F.3d 153, 156 (2d Cir. 2004). Here, evidence regarding the defendant's interactions with Minor Victim-3 is admissible to prove the defendant's
t, "[t]he contention that there is some inherent prejudice in joining perjury and related counts with substantive charges has been widely rejected." Potamitis, 739 F.2d at 791. And courts routinely hold that there is no prejudice where the evidence in support of the two counts is "interconnected." Blakney
er of "underlying substantive crimes with perjury counts" is appropriate "where, as here, the false declarations concern the substantive offenses." Potamitis, 739 F.2d at 791; see also United States v. Ruiz, 894 F.2d 501 (2d Cir. 1992) (same). In 142 EFTA00095234 Ruiz, the defendant was a New York stat
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