The following excerpt is from United States v. Randle, No. 17-4029-cr (2nd Cir. 2018):
Even if that were not the case, this argument is meritless. "[T]he making and timing of opening statements can be left constitutionally to the informed discretion of the trial judge." United States v. Salovitz, 701 F.2d 17, 21 (2d Cir. 1983). But a "ruling based on an erroneous view of the law" is an abuse of discretion. In re Sims, 534 F.3d 117, 132 (2d Cir. 2008).
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