United States Second Circuit

Grant of motion for new trial, setting aside a jury's finding of guilt on two counts of conviction on drug offenses is affirmed where the government forfeited its objection to the untimeliness of defendant's motion for a new trial, and there was no abuse of discretion in the granting of the motion.

Appellate Information

• Decided 12/05/2005
• Published 12/06/2005

Judges

• LEVAL, Circuit Judge., Before:  WALKER, Chief Judge, LEVAL, Circuit Judge, and LYNCH, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Paul D. Silver, Assistant United States Attorney, for Glenn T. Suddaby, United States Attorney for the Northern District of New York (Robert P. Storch, Senior Litigation Counsel, Of Counsel, on the brief), for Appellant.


• For Appellees:
  
• Frederick Rench, Pelagalli, Weiner & Rench, LLP, Clifton Park, NY, for Defendant-Appellee.