United States Second Circuit

In appeal of conviction of RICO and firearm offenses, judgment is affirmed, where: 1) there was no objection to the exclusion of defendant's family during the voir dire, and even if this constituted error, it cannot be viewed as one that affected the fairness, integrity, or public reputation of judicial proceedings; 2) the record provides no basis for an inference that the absence of a formal declaration by counsel that the defense rested, or the absence of a formal announcement by the court that both sides had rested and that the evidence was closed, had the effect of depriving defendant of his right to present a defense; 3) defendant's remaining contentions are without merit; however, 4) defendant may file a motion pursuant to 28 USC section 2255 to pursue his claim that his attorney did not advise him of his right to testify.

Appellate Information

• Decided 01/15/2013
• Published 01/15/2013

Judges

• KEARSE

Court

• United States Second Circuit

Counsel