PEOPLE v. SALKO


47 N.Y.2d 230 (1979)

The People of the State of New York, Appellant, v. Matthew Salko, Respondent.

Court of Appeals of the State of New York.

Decided June 7, 1979.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Norman Barclay and Robert M. Pitler of counsel), for appellant.

Roger Bennet Adler, Gustave H. Newman and Frieda S. Nisnewitz for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur with Judge JASEN.


JASEN, J.

This appeal raises an evidentiary question as to the scope and applicability of the exception to the hearsay rule permitting introduction of the declarations of a person engaged in a conspiracy for the purpose of establishing a coconspirator's complicity in the criminal agreement as well as in the substantive crimes for which the conspiracy was formed.

On August 26, 1971, Eddie Ware and two...

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