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United States v. Kaplan

United States Court of Appeals for the Second Circuit

490 F.3d 110 (2007)

Facts

Solomon Kaplan (defendant) was charged with fraud. At trial, the prosecution (plaintiff) called Alexander Galkovich to testify. Galkovich first testified to a conversation he had with Kaplan. Galkovich then testified that, based on that conversation, it was Galkovich’s opinion that Kaplan “knew exactly what he was getting into” and had knowledge of the fraud. Galkovich testified that his opinion was based on his experience, his conversation with Kaplan, and what he heard other people say about Kaplan. Kaplan was convicted, and he appealed, arguing that Galkovich’s lay opinion testimony was improper.

Rule of Law

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Issue

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Holding and Reasoning (Feinberg, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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