Legal Opinion
United States v. Alfano
District Court, S.D. New York
Decided July 17, 1987No. 84 Cr. 236(PNL)PublishedCited by 1 opinion
1Opinion of the Court
OPINION AND ORDER
LEVAL, District Judge.
Pietro Alfano moves for severance and a mistrial based on his inability to be present in court from February 12, 1987 through the conclusion of trial. Alfano was shot on the street after the trial session of February 11, 1987. He was permanently paralyzed below the waist by the shooting and could not return to court for the remaining 18 days of trial. His motion is based on Rules 43(a) and 43(b), F.R.Crim.P., which provide that the defendant “be present at the arraignment, at the time of the plea, at every stage of the trial including the impaneling of…
2Cases cited5 opinions
- Snyder v. MassachusettsSupreme Court of the United States · 1934
- Kentucky v. StincerSupreme Court of the United States · 1987
- Walker R. Wade v. United StatesCourt of Appeals for the D.C. Circuit · 1971
- Leroy Walker v. United StatesCourt of Appeals for the D.C. Circuit · 1963
- Booker v. IsraelDistrict Court, E.D. Wisconsin · 1985
3Cited by1 opinion
- Haywood v. PortuandoDistrict Court, S.D. New York · 2003