PEOPLE v. AYALA


273 A.D.2d 40 (2000)

709 N.Y.S.2d 528

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERTO AYALA, Appellant.

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

Decided June 6, 2000.


The existing record establishes that defendant received meaningful representation although trial counsel did not object to purported hearsay and other crimes evidence. As trial counsel undoubtedly recognized, testimony elicited from the undercover detective regarding statements made by defendant's companions during the transaction was not hearsay because each of the statements "constituted a verbal act and part of the criminal res gestae establishing the theory of `acting...

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