United States v. Medico

557 F.2d 309, cert. denied, 434 U.S. 986 (2nd Cir. 1977)

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Nature of the Case

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Facts

Medico participated in a bank robbery. After the robbery was over, a bank employee testified that a bank customer talked a person in a car that was parked outside and gave that bank customer the license plate information and getaway car information and the customer relayed the information to the bank employee. Neither the customer nor the eyewitness sitting in the car were available at trial, but the trial court allowed the bank employee to testify about this information and gave the jury limiting instructions. Further testimony by a Cariola was given about Medico and the car with the '700 QCA' license. Cariola denied ownership, but when he discovered his lost wallet, he found that the car had been registered in his name by a third party who Cariola believed to be Medico. The latter part of this evidence was not pursued nor admitted at trial. D was convicted and appealed.