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PEOPLE v. GIORDANO

87 N.Y.2d 441 (1995)

663 N.E.2d 588

640 N.Y.S.2d 432

The People of the State of New York, Respondent, v. John Giordano, Joseph Giordano and Philip Cestaro, Appellants.

Court of Appeals of the State of New York.

Decided December 28, 1995.

Attorney(s) appearing for the Case

Richard A. Rehbock, New York City, for appellants.

Denis Dillon, District Attorney of Nassau County, Mineola (Lawrence J. Schwarz and Peter A. Weinstein of counsel), for respondent.

Judges BELLACOSA, SMITH, LEVINE and CIPARICK concur with Judge SIMONS; Judge TITONE dissents and votes to reverse in a separate opinion in which Chief Judge KAYE concurs.

SIMONS, J.

This is a gambling prosecution involving three bookmakers. They operated primarily in Manhattan but they frequently "hedged" or "laid off" bets in Nassau County through an accomplice named Rothman. Following a joint trial, each was convicted of four counts of promoting gambling in the first degree and one count of conspiracy in the fifth degree. On appeal...

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