Epstein Secrets

803(4)(A), (B); see In re Agent Orange Prod. Liab. Litig., 611 F. Supp. 1223, 1245-46 (E.D.N.Y. 1985), aff'd sub nom., 818 F.2d 187 (2d Cir. 1987) (Weinstein, C.J.).' But without additional detail from the Defense on which portions of Dr. Hall's testimony it would seek to admit under this exception, the C

ss's testimonial incapacity unless it involves actual intoxication at the time of the event observed or at the time of testifying. United States v. DiPaolo, 804 F.2d 225, 229-30 (2d Cir. 1986) (cleaned up) (cited in Gov't Br. at 11 and Def. Br. at 12); accord United States v. Robinson, 583 F.3d 1265, 12

803(4)(A), (B); see In re Agent Orange Prod. Liab. Litig., 611 F. Supp. 1223, 1245-46 (E.D.N.Y. 1985), aff'd sub nom., 818 F.2d 187 (2d Cir. 1987) (Weinstein, C.J.).' But without additional detail from the Defense on which portions of Dr. Hall's testimony it would seek to admit under this exception, the C

ss's testimonial incapacity unless it involves actual intoxication at the time of the event observed or at the time of testifying. United States v. DiPaolo, 804 F.2d 225, 229-30 (2d Cir. 1986) (cleaned up) (cited in Gov't Br. at 11 and Def. Br. at 12); accord United States v. Robinson, 583 F.3d 1265, 12

803(4)(A), (B); see In re Agent Orange Prod. Liab. Litig., 611 F. Supp. 1223, 1245-46 (E.D.N.Y. 1985), aff'd sub nom., 818 F.2d 187 (2d Cir. 1987) (Weinstein, C.J.).' But without additional detail from the Defense on which portions of Dr. Hall's testimony it would seek to admit under this exception, the C

ss's testimonial incapacity unless it involves actual intoxication at the time of the event observed or at the time of testifying. United States v. DiPaolo, 804 F.2d 225, 229-30 (2d Cir. 1986) (cleaned up) (cited in Gov't Br. at 11 and Def. Br. at 12); accord United States v. Robinson, 583 F.3d 1265, 12