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UNITED STATES v. GAMBINO

Crim. No. 84-98.

598 F.Supp. 646 (1984)

UNITED STATES of America v. Rosario GAMBINO, Erasmo Gambino, Anthony Spatola, Antonio Gambino and Mario Gambino, Defendants.

United States District Court, D. New Jersey.

November 19, 1984.

Attorney(s) appearing for the Case

W. Hunt Dumont, U.S. Atty. by Marianne Espinosa Murphy, & Edward J. Bilinkas, Asst. U.S. Attys., Newark, N.J., for the Government.

Jacob R. Evseroff, Brooklyn, N.Y., for defendant Rosario Gambino.

Ronald P. Fischetti, New York City, for defendant Erasmo Gambino.

Adolph Galluccio, Paterson, N.J., for defendant Anthony Spatola.

Ira Friedman, New York City, for defendant Antonio Gambino.

Charles Carnesi, Brooklyn, N.Y., for defendant Mario Gambino.

OPINION

LACEY, District Judge.

During the trial of this matter certain evidence rulings were made. The following sets forth the bases of those rulings.

THERE IS AMPLE INDEPENDENT EVIDENCE AS TO THE MEMBERSHIP OF EACH DEFENDANT IN THE CONSPIRACY CHARGED

The proper standard to be applied by the court in determining whether co-conspirator statements may be submitted to the jury is whether the Government has established the existence of the...

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