People v. Berkowitz

Lupiano and Sullivan, JJ.,

dissent in a memorandum by Lupiano, J., as follows: The critical issue on this appeal is whether defendant was proven guilty of conspiracy beyond a reasonable doubt. Evidence against the defendant, circumstantial in nature, involved events that occurred in the informant Stark’s apartment and in the Alvarez apartment on December 13, 1974 and the taped telephone conversation between defendant and Robert Wainen, an undercover Newark detective, which occurred on December 24, *6031974. On December 13, 1974, arrangements had been made for the undercover detective to be…