NEW YORK DAILY NEWS
Tuesday, August 9, 2016, 6:34 PM
You can have your cannoli but you can't eat it too.
Alleged mafiosi Vito Badamo, 53, and Ernest Aiello, 36, have concerns about a judge's order that bars them from commiserating with fellow goombahs and whether it could prevent them from going to get a bite to eat.
Lawyers for the pair argued Tuesday that their clients — who were freed after a mistrial on enterprise corruption and other charges in May — wouldn't know which paisans to avoid under the vague prohibition that prosecutors pushed for.
Lawyer Joseph Donatelli said prosecutors asked that his client stay away from mobbed-up people and places, but failed to specify who they think is a gangster in the defendants' circle of Italian-American pals.
"Who is an organized crime member?" Donatelli asked during a hearing in Manhattan Supreme Court.
Donatelli noted that Badamo is a regular at old school Italian bakery Fortunato Brothers Cafe in Williamsburg.
"My client frequents a pastry shop," said Donatelli, who owns DeStefano's steakhouse nearby.
"If he walks in and buys a zeppole and walks out that's okay," the judge said, but it could be problematic "if he walks in and has a conversation for an hour."
Dwyer added that Badamo could politely say ciao to old pals with a reputation as long as he keeps moving.
"If he's walking down the street and sees an old friend, he can say ‘hi’ and end the conversation," the judge said.
Aiello lawyer Stacey Richman had asked for a list of prohibited contacts from prosecutors, challenging the overbroad request and called it a "dangerous restriction."
"The people do not give us a list as to who may be a mob affiliate," Richman said after the hearing.
"The people define pretty much everyone and every place as mob-related."
Richman said that even a McDonald's was made into a "mob locale" at the first trial.
Badamo and Aiello, alleged members of the Bonanno crime family, are charged in an extortion, gambling, loansharking and prescription pill peddling scheme along with alleged boss Nicholas (Nicky Cigars) Santora, 73, and Anthony (Skinny) Santoro, 52.
Santora, who is wheelchair-bound, is still being held on $1 million bond and Santoro is behind bars on $500,000 bail.
They all face a maximum of 25 years behind bars though some of the lesser counts were dismissed against Aiello.
Jury discord and scheduling problems left them without a panel of 12 to deliberate after a lengthy trial.
A new trial date has not yet been set.