Several days after the murder, Gotti was named head of a three-man committee to temporarily run the family pending the election of a new boss, along with Consigliere Joseph N. Gallo and Capo Frank DeCicco . It was also announced that an internal investigation into Castellano's murder was well underway. However, it was an open secret that Gotti was acting boss in all but name, and nearly all of the family's capos knew he'd been the one behind the hit. He was formally acclaimed as the new boss of the Gambino family at a meeting of 20 capos held on January 15, 1986. He appointed his co-conspirator DeCicco as the new underboss while retaining Gallo as consigliere.
74 Secondly, this case is yet another of those all too frequent cases where, in order to impose a proper sentence on the Respondent, this Court has had to choose between the unfairness of unequal treatment of co-offenders and the injustice to the community of acquiescing in a second manifestly inadequate sentence because the Director of Public Prosecutions, while appealing in the case of the Respondent elected, or was not sufficiently organised, to appeal in the case of a co-offender. As the Respondent and Sayadi were both arrested on the same day and sentenced by the same judge some 2 weeks apart it is inconceivable that the Office of the Director of Public Prosecutions was not aware of the relationship between them. In that situation it is impossible to see any rational explanation for the bringing of an appeal in one case and not in the other.