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U.S. v. GARCIA

Nos. 238 to 242, Dockets 87-1243 to 87-1246 and 87-1264.

848 F.2d 1324 (1988)

UNITED STATES of America, Appellee, v. Jose Danery GARCIA, Damaris Sanchez, William Salazar, Fabio Porras, Diego Chavez-Tesina, Adela Gomez, Beimar Vallejo, Jose Gomez, Jaime Newbold, Yolanda Martinez, Hugo Shanks-Carrera, Defendants, Diego Chavez-Tesina, Beimar Vallejo, Jose Gomez, Hugo Shanks-Carrera, William Salazar, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 1, 1988.

Attorney(s) appearing for the Case

Thomas E. Nooter, New York City (Freeman, Nooter & Ginsberg, New York City, of counsel), for appellant Beimar Vallejo.

Joel B. Rudin, New York City (Mass & Rudin, New York City, of counsel), for defendant-appellant Jose Gomez.

Bert H. Nisonoff, Forest Hills, N.Y., for defendant-appellant Hugo Shanks-Carrera.

Jerald Levine, Jackson Heights, N.Y., for defendant-appellant Diego Chavez-Tesina.

Harry C. Batchelder, Jr., New York City, for defendant-appellant William Salazar.

Sean F. O'Shea, Asst. U.S. Atty., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., E.D.N.Y.; John Gleeson and Emily Berger, Asst. U.S. Attys., of counsel), for appellee U.S.

Before OAKES, CARDAMONE and MAHONEY, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal requires us to decide at what stage in a criminal prosecution a defendant is entitled to the presence of an Article III judge. Appellants urge that a defendant may claim such a right at the commencement of jury selection. There is no doubt that everything has its season, and there is a time when an accused is entitled to the presence of a federal district court judge. But that season does not necessarily come with the commencement...

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