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UNITED STATES v. ERRICO

No. 229, Docket 80-1255.

635 F.2d 152 (1980)

UNITED STATES of America, Appellee, v. Con ERRICO, Appellant.

United States Court of Appeals, Second Circuit.

Decided December 1, 1980.

Attorney(s) appearing for the Case

Gerald L. Shargel, New York City (Richard Ben-Veniste, Melrod, Redman & Gartlan, Washington, D. C., Albert J. Brackley, Brooklyn, N. Y., of counsel), for appellant.

Edward Agnew McDonald, Asst. Attorney-in-Charge, E. D. N. Y., Brooklyn, N. Y. (Edward R. Korman, U. S. Atty., E. D. N. Y., Thomas P. Puccio, Attorney-in-Charge, U. S. Dept. of Justice, Organized Crime Strike Force, E. D. N. Y., Neil Jon Firetog, Sp. Counsel, Brooklyn, N. Y., of counsel), for appellee.

Before LUMBARD, OAKES and NEWMAN, Circuit Judges.

LUMBARD, Circuit Judge:

Con Errico appeals from his conviction after a jury trial in the Eastern District of New York, Chief Judge Weinstein presiding, on one count of violating the Racketeer Influenced and Corrupt Organization (RICO) statute, 18 U.S.C. § 1962(c) (1976).1 Errico argues that the government introduced insufficient evidence to establish a RICO enterprise and that we should overturn United States v. Altese,

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