United States v. Yannai, No. 13-4466 (2d Cir. 2015)
Annotate this CaseDefendant appealed from his conviction of enticement and coercion of others to travel in interstate and foreign commerce to engage in sexual activity, forced labor and attempted forced labor, fraud in foreign labor contracting, importation of aliens for immoral purposes, inducement of an alien to illegally enter and reside in the United States, and unlawful employment of aliens. On appeal, defendant principally argued that his right to be present at trial was violated by the district court's refusals to adjourn the trial for more than one day or to grant him a mistrial or a new trial, based on its finding that he had waived that right because he intentionally overdosed on prescription medication and was hospitalized, and that his absence was voluntary. The court concluded that the district court did not abuse its discretion in deciding to proceed with the trial in defendant's absence where the district court weighed defendant's "right to be here if he wanted to be here" and the fact that the proceedings had been completed through the presentation of evidence, closing arguments, and the finalization of the instructions to be given to the jury, as well as the district court's assessment that defendant would have nothing to contribute for the final stages of the district court's delivery of instructions and jury deliberations. The district court did not abuse its discretion in denying the motion for mistrial. Further, the district court did not abuse its discretion in denying a motion for a new trial. The court rejected defendant's claim of prejudicial publicity. Accordingly, the court affirmed the judgment.
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