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UNITED STATES v. GAGGI

Nos. 164 to 169, Dockets 86-1171 to 86-1174 and 86-1184 to 86-1186.

811 F.2d 47 (1987)

UNITED STATES of America, Appellee, v. Anthony Frank GAGGI, Henry Borelli, Peter LaFroscia, Ronald Ustica, Edward Rendini and Ronald Turekian, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 21, 1987.

Attorney(s) appearing for the Case

Judd Burstein, Michael Rosen, New York City (Judd Burstein, Edward M. Chikofsky, New York City, of counsel), for defendant-appellant Anthony Gaggi.

Herald Price Fahringer, New York City (Robert L. Ellis, Edward M. Chikofsky, Judd Burstein, New York City, of counsel), for defendant-appellant Edward Rendini.

Robert L. Ellis, New York City, submitted joint brief for defendant-appellant Henry Borelli.

Joel Winograd, New York City, submitted joint brief for defendant-appellant Peter LaFroscia.

Edward M. Chikofsky, New York City, submitted joint brief for defendant-appellant Ronald Ustica.

Judd Burstein, New York City, of counsel on joint brief, for defendants-appellants.

David S. Greenfield, New York City (Jonathan J. Silbermann, New York City, of counsel), submitted brief for defendant-appellant Ronald Turekian.

Mary Lee Warren, Asst. U.S. Atty., S.D.N.Y. (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Michael Kellogg, Walter S. Mack, Jr., Warren Neil Eggleston, Asst. U.S. Attys., S.D.N.Y., of counsel), for appellee, U.S.

Before CARDAMONE and PIERCE, Circuit Judges, and BONSAL, District Judge.

CARDAMONE, Circuit Judge:

This appeal presents a trial record of a malevolent group of defendants, in the accomplishment of whose violent conspiracies no one was suffered to stand in the way. The problems raised by their trial are varied and complex, not merely on account of the number of those accused, but because two events — one unexpected, one designed — complicated the proceedings immeasurably. Unanticipated was the murder

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