People v. Burger

Judgment unanimously affirmed. Memorandum: It was error to permit the undercover officer who purchased drugs from these codefendants to testify as to hearsay statements made by each codefendant in the absence of the other which inculpated the absent codefendant. The court received the evidence on the theory that the statements were made in furtherance of a conspiracy (see People v Luciano, 277 NY 348, 358; People v Pontani, 33 AD2d 688; and see Migliore v United States, 409 F2d 786, cert den 396 US 975), but any conspiracy, if such there was, had terminated before the statements were made…