People v. Stewart

Howard Stewart was convicted of sale1 and possession2 of heroin.

At trial, a witness testified that she purchased heroin from a man known as "Junior”. The witness was permitted over objection to report certain statements she said were made by "Junior” which inculpated Stewart. "Junior” has not been identified. His asserted existence has not been independently verified. If he exists he was not appre*11hended. It does not appear that the people made any effort to produce him at the trial.

The Court of Appeals, finding "evidence, aliunde, of a conspiracy [between Stewart and "Junior”] to sell…