United States v. Leitner, 192
| Decision Date | 21 January 1963 |
| Docket Number | Docket 27531.,No. 192,192 |
| Citation | 312 F.2d 107 |
| Parties | UNITED STATES of America, Appellee, v. Harold LEITNER, Appellant. |
| Court | U.S. Court of Appeals — Second Circuit |
Nicholas Atlas, New York City (Emanuel R. Gold, New York City, on the brief), for appellant.
Daniel P. Hollman, Asst. U. S. Atty., S.D.N.Y., New York City (Robert M. Morgenthau, U. S. Atty., and Sheldon H. Elsen, Asst. U. S. Atty., New York City, on the brief), for appellee.
Before CLARK, KAUFMAN, and HAYS, Circuit Judges.
The question on this appeal is as to the sufficiency of the evidence to support the jury's verdict convicting the defendant of passing and possessing counterfeit money in violation of 18 U.S.C. § 472. The two counts upon which he was convicted concerned his having and passing a counterfeit $100 Federal Reserve Note while working as a singing waiter and entertainer at a Catskill resort. Here the evidence of possession and passing was clear, and the only question was as to his knowledge and intent. On this, in addition to whatever inference might properly be drawn from the other transactions discussed below, there was evidence that he made and kept a note as to the number of the bill and made strenuous attempts to rebuy (even advancing the money without getting it back). From this the jury might naturally infer an undue knowledge and suspicion as to this money, as Judge Bryan points out in his reasoned opinion, D.C. S.D.N.Y., 202 F.Supp. 688, denying defendant's post-verdict motions. We adopt the judge's analysis of the evidence and hold it fully adequate to support the conviction.1
The defendant also complains because the court did not strike the testimony concerning two other transactions. The closest of these in point of time and upon which two other counts of the indictment were based involved the passing and possession of a counterfeit $100 note at the coffee shop of the Roger Smith Hotel in New York City four days later. Here the cashier identified the defendant as the passer, but on cross-examination said he was not sure; the jury gave the defendant the benefit of the doubt and acquitted him with respect to these counts. The other incident occurred some three and a half months earlier at the Greystone Hotel in New York City. Here the desk clerk positively identified the defendant as the passer of counterfeit money which she had received. Defendant was not indicted as to this transaction, but evidence as to...
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