People v. Vega

The defendant, Jose Vega, and Henry Stevenson were charged with delivery of *775heroin1 and conspiracy to deliver heroin2 as a result of a transaction involving undercover state police trooper Philip Maddox. We are asked in this case to evaluate the evidence independent of the conspiracy to determine whether the predicate exists for admission of statements of the co-conspirator Stevenson. We find that it does not and emphasize that the trial judge, not the jury, must make this initial determination of admissibility.

I

A

The key witness against the defendant and Stevenson was Maddox. Maddox testified…