UNITED STATES v. VEGA

No. 1025, Docket 71-1343.

447 F.2d 698 (1971)

UNITED STATES of America, Appellee, v. Hipolito VEGA, Appellant.

United States Court of Appeals, Second Circuit.

Decided August 30, 1971.


Attorney(s) appearing for the Case

John W. Nields, Jr., Asst. U. S. Atty., New York City, (Whitney North Seymour, Jr., U. S. Atty., S.D.N.Y., Jay Horowitz, Asst. U. S. Atty., New York City, on the brief), for appellee.

Vincent L. Broderick, New York City (Phillips, Nizer, Benjamin, Krim & Ballon, and Leonard S. Baum, New York City, of counsel), for appellant.

Before MOORE, FEINBERG and MANSFIELD, Circuit Judges.


MOORE, Circuit Judge:

The defendant Hipolito Vega appeals from a judgment of conviction, entered after a jury trial, for violation of 47 U.S.C. § 508(a) — unlawfully accepting money for the broadcasting of records over radio station WBNX without disclosing this fact to the station (sometimes referred to as "payola") — and 18 U.S.C. § 1621 — perjury for falsely denying such receipt.

A somewhat unusual situation arose before verdict...

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