PEOPLE v. CLAYTOR


137 A.D.2d 760 (1988)

The People of the State of New York, Respondent, v. Rene Claytor, Appellant

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

February 22, 1988


Ordered that the judgment is affirmed.

The defendant contends that the court improperly admitted into evidence the substance of conversations between an undercover police officer and a coconspirator. Declarations by a conspirator made during the course of and in furtherance of the conspiracy are admissible against a coconspirator as an exception to the hearsay rule provided that the prosecution establishes a prima facie case of conspiracy independent of the

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