People v. Ardito

OPINION OF THE COURT

Carro, J.

We are substantially in agreement with the statement of the facts set forth by Justice Bloom in his dissent, as we are with his conclusions on matters other than whether a prima facie case of a conspiracy to commit criminal usury was established. We find that the prosecution never established, prima facie, the existence of that conspiracy without recourse to the challenged statements. Therefore, the *145out-of-court declarations of Tutino, the alleged coconspirator and accomplice, to the witness Sanchez, made out of the presence of appellant, were never rendered…