How does the court review for plain error when the defense fails to object at trial?

MultiRegion, United States of America

The following excerpt is from United States v. Williams, No. 13-2576(L), No. 14-2371(Con) (2nd Cir. 2016):

Where, as here, the defense fails to object at trial, we review for plain error. See id. at 96. Under the plain error standard, the defendant has the burden to demonstrate that "(1) there is an error; (2) the error is clear or obvious, rather than subject to reasonable dispute; (3) the error affected the appellant's substantial rights, which in the ordinary case means it affected the outcome of the district court proceedings; and (4) the error seriously affects the fairness, integrity or public reputation of judicial proceedings." United States v. Ghailani, 733 F.3d 29, 52 (2d Cir. 2013) (quoting United States v. Marcus, 560 U.S. 258, 262 (2010)).

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