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UNITED STATES v. GERRY

Nos. 548, 692, Dockets 74-2100, 74-2106.

515 F.2d 130 (1975)

UNITED STATES of America, Appellee, v. Forrest GERRY, Jr. and Richard Perry, Appellants.

United States Court of Appeals, Second Circuit.

Decided March 28, 1975.

Attorney(s) appearing for the Case

Terence M. Brown, Atty., Dept. of Justice, Washington, D. C. (David G. Trager, U. S. Atty., E. D. N. Y., and Peter M. Shannon, Jr., Atty., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Frederick P. Hafetz, New York City (Goldman & Hafetz, New York City, on the brief), for appellant Forrest Gerry, Jr.

Julia P. Heit, New York City (Jacob P. Lefkowitz, New York City, on the brief), for appellant Richard Perry.

Before LUMBARD, FRIENDLY and FEINBERG, Circuit Judges.

LUMBARD, Circuit Judge:

Following an eleven-week jury trial in the Eastern District of New York, the appellants Forrest Gerry and Richard Perry were on May 31, 1974 convicted of influencing the outcome of harness races by bribery (count 1) and of conspiring to do so (count 2) in violation of 18 U.S.C. § 224. The indictment which set forth the charges against Gerry and Perry named twenty-eight individuals as defendants. Of these, two pled guilty;

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