United States v. James and Mallay, No. 09-2732 (2d Cir. 2013)
Annotate this CaseDefendants James and Mallay appealed from judgments of conviction based on their participation in a wide-ranging conspiracy that involved fraudulently obtained life insurance policies for members of their extended families and others in the Guyanese and Guyanese-American community, and, in several instances, murder of the insured to collect on those policies. The court found no error in the admission of an autopsy report and a toxicology report; there was no error in the district court's decision to exclude the prosecutor's rebuttal statement in a prior, related trial; the district court did not abuse its discretion in disallowing as impeachment evidence certain statements made by a witness; the district court's denial of James' severance motion did not warrant vacatur of the verdict; there was no Sixth Amendment violation in the admission of surreptitious recordings made by a government informant; it was proper to admit that recording; there was no error in denying a motion for a new trial; and there was no cumulative error. Accordingly, the court affirmed the judgment.
The court issued a subsequent related opinion or order on May 1, 2013.
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