United States v. Gigante, 166 F.3d 75 (2d Cir. 1999)

Second Circuit opinion of January 22, 1999 affirming Vincent Gigante's convictions. It names the cooperating witnesses who testified against him.

Date: 1999-01-22
Kind: court-opinion
Source: CourtListener (Free Law Project), text of the opinion
Retrieved: 2026-10-12
Docket: 98-1001
Rights: Opinion of a United States court. Works of the federal judiciary are in the public domain in the United States. The text was read on CourtListener.

United States Court of Appeals, Second Circuit, docket 98-1001. Argued October 20, 1998, decided January 22, 1999, before Judges Oakes, Walker and Knapp; the opinion is by Judge Walker. The caption names the appellant as “Vincent Gigante, also known as ‘Chin.’”

The court describes the government’s case: “The government asserted that Vincent Gigante was the boss of the Genovese family and supervised its criminal activity.” That is the prosecution’s position as the court states it. In listing the cooperating witnesses, the court calls one “Alphonso D’Arco, once the acting boss of the Lucchese” family and another “Salvatore Gravano, the former Gambino family underboss.”

The court ruled on the admission of co-conspirator statements and on Gigante’s competency to stand trial, and concluded: “For the foregoing reasons, the judgment of the district court is affirmed.”

itemUnited States v. Gigante, 982 F. Supp. 140 (E.D.N.Y. 1997)Judge Weinstein's sentencing memorandum of October 29, 1997 after Vincent Gigante's conviction. It states that the evidence showed beyond a reasonable doubt that he had been boss of the Genovese family since at least 1985.itemUnited States v. Gigante, 925 F. Supp. 967 (E.D.N.Y. 1996)District Judge Nickerson's findings of May 15, 1996 on whether Vincent Gigante was feigning mental illness. It names the Triangle Social Club at 225 Sullivan Street as the club Gigante returned to at night.