The 2nd Circuit can correct an error that was not raised at trial, if: 1.) there was an error; 2.) the error is clear or obvious; 3.) the error concerns substantial rights; and 4.) the error seriously affects the fairness, integrity or public reputation of the court.
U.S. v. Bangoura
U.S. Court of Appeals for the 2nd Circuit
February 4, 2013
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