Can a defendant be deemed to have been advised of his trial date once it is communicated to his lawyer?

MultiRegion, United States of America

The following excerpt is from U.S. v. Sanchez, 790 F.2d 245 (2nd Cir. 1986):

We find appellant's contentions unavailing. Although some district judges, out of an abundance of caution, communicate the trial date directly to the defendant himself, such prudence is not mandated by any law and may not even constitute prevailing practice. Indeed, trial dates are often rescheduled by consultation between judge and counsel even in the absence of the defendant altogether. Where, as here, the defendant and his attorney are present in the courtroom, absent extraordinary circumstances, the defendant may be deemed to have been advised of a trial date once it is communicated by the judge to his lawyer. We cannot say that the district judge's finding that Sanchez was aware of the setting of his trial date was clearly erroneous. Cf. United States v. Pastor, 557 F.2d 930, 934 (2d Cir.1977) (applying clearly erroneous standard to factual findings concerning defendant's absence from trial).

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