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STATE v. HACKER

167 N.J. Super. 166 (1979)

400 A.2d 567

STATE OF NEW JERSEY, PLAINTIFF, v. MORRIS HACKER, JAMES JOYCE, WAYNE DeBELLIS AND MILES BURKE, DEFENDANTS.

Superior Court of New Jersey, Law Division (Criminal).

Decided March 15, 1979.

Attorney(s) appearing for the Case

Mr. John J. Degnan, Attorney General for the State of New Jersey (Mr. Robert DeGeorge and Ms. Ileana N. Saros, Deputy Attorneys General, appearing).

Mr. Sal B. Daidone for defendant Morris Hacker.

Mr. Francis J. Hartman for defendant James Joyce.

Mr. Charles H. Nugent for defendant Wayne DeBellis.

Mr. R. Alan Aslaksen for defendant Miles Burke.

IMBRIANI, J.S.C.

Are statements of persons previously acquitted of conspiracy admissible against an alleged coconspirator as a vicarious admission exception to the hearsay rule (often called the coconspirator rule)? The applicable rule is Evid. R. 63(9)(b) which provides:

"A statement which would be admissible if made by the declarant at the hearing is admissible against a party if * * * (b) at the time the statement was made the party and the declarant...

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