United States v. Ortiz

553 F.2d 782 (2nd Cir. 1977)

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Nature of the Case

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Facts

Ortiz (D) was accused of cocaine distribution and conspiracy to distribute. During the trial, the issue of D's prior conviction from two separate heroin sales for impeachment was brought before the trial court. The trial court ruled that the 1972 offenses committed just 4 years ago were admissible for purposes of impeachment. D claims Rule 609 (a) caused him to forego taking the stand and testifying on his own behalf. D was convicted and appealed.