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UNITED STATES v. TODARO

No. 499, Docket 76-1355.

550 F.2d 1300 (1977)

UNITED STATES of America, Appellee, v. Richard Joseph TODARO, Appellant.

United States Court of Appeals, Second Circuit.

Decided February 24, 1977.

Attorney(s) appearing for the Case

Ivan M. Schaeffer, Atty., Dept. of Justice, Washington, D. C. (Richard J. Arcara, U. S. Atty., for the Western District of New York, Buffalo, N. Y., Sidney M. Glazer, Atty., Dept. of Justice, Washington, D. C., of counsel), for appellee.

Herald Price Fahringer, Buffalo, N. Y., for appellant; Paul J. Cambria, Jr., Barbara J. Davies, Buffalo, N. Y., on the brief; Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N. Y., of counsel.

Before MOORE, FEINBERG and GURFEIN, Circuit Judges.

MOORE, Circuit Judge:

Richard Todaro appeals from a judgment entered upon a jury verdict, convicting him of violating 18 U.S.C. § 1955 (1970) (conducting an illegal gambling business) and 18 U.S.C. § 2232 (1970) (unlawful destruction of flash paper to prevent its seizure by FBI agents).1

Apparently in early 1972 the Government conducted a substantial surveillance operation to ferret out what it believed was a major gambling...

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