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U.S. v. KAPLAN

No. 108, Dockets 87-1137, 87-1134(L).

886 F.2d 536 (1989)

UNITED STATES of America, Appellee, v. Marvin KAPLAN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 3, 1989.

Attorney(s) appearing for the Case

Gerald B. Lefcourt, New York City (Walter P. Loughlin, Newark, N.J., Joshua L. Dratel, New York City, of counsel), for defendant-appellant.

Michele Hirshman, Asst. U.S. Atty. for S.D.N.Y. (Benito Romano, U.S. Atty. for S.D.N.Y., Kerri Martin Bartlett, Asst. U.S. Atty., New York City, of counsel), for appellee.

Before CARDAMONE, WINTER and PRATT, Circuit Judges.

WINTER, Circuit Judge:

This appeal presents the now familiar but still vexing issue of what constitutes sufficient evidence to support a finding of a "pattern of racketeering activity" under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-68 (1982 & Supp. V 1987). Many aspects of this case have already been decided in United States v. Friedman, 854 F.2d 535 (2d Cir.1988),

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