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PEOPLE v. DEEGAN

121 A.D.2d 461 (1986)

The People of the State of New York, Appellant, v. Kenneth Deegan, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 9, 1986

Order affirmed.

As the People failed to demonstrate by nonhearsay evidence the existence of a joint criminal venture, the court was correct in refusing to apply the declaration by a coconspirator in furtherance of the conspiracy exception to the hearsay rule (see, People v Berkowitz, 50 N.Y.2d 333). The People also failed to establish the necessary reliability to warrant the use of the exception to the hearsay rule...

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