United States v. Persico

645 F.3d 85 (2011)

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United States v. Persico

United States Court of Appeals for the Second Circuit
645 F.3d 85 (2011)

Facts

Alphonse Persico (defendant) was charged with the murder of William Cutolo Sr. At trial, Cutolo’s wife, Peggy, testified describing a phone conversation she had with Cutolo on the day he was killed. Peggy testified that Cutolo told her that he was going to Brooklyn to meet “The Kid,” whom she understood to be Persico. The district court admitted this testimony under Federal Rule of Evidence 803(3) (Rule 803(3)) as evidence of Cutolo’s then-existing state of mind, namely his intention to go meet Persico. Persico was convicted, and he appealed, arguing that Rule 803(3) did not permit statements of the declarant’s intent for the purpose of proving the future conduct of another person.

Rule of Law

Issue

Holding and Reasoning (Kearse, J.)

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