PEOPLE v. CABAN


4 A.D.3d 274 (2004)

772 N.Y.S.2d 675

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS CABAN, Appellant.

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

February 26, 2004.


Saxe and Gonzalez, JJ., concur in a memorandum by Gonzalez, J., as follows:

In this prosecution of defendant for conspiring with others to murder a rival drug dealer, there are two primary issues on appeal. The first is whether the prosecution established a prima facie case of conspiracy by evidence independent of the hearsay declarations of two coconspirators sought to be introduced at trial. The second is whether the trial court's failure to instruct the jury sua...

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