People v. Berkowitz

OPINION OF THE COURT

Gabrielli, J.

The People appeal from an order of the Appellate Division which reversed defendant’s conviction of the crime of *338conspiracy in the first degree and dismissed the indictment on the ground that, as a matter of law, the People had failed to prove defendant’s guilt beyond a reasonable doubt. The appeal presents three issues: (1) whether the People made out a prima facie case of conspiracy sufficient to justify use of an alleged coconspirator’s remarks during and in furtherance of the conspiracy against this defendant; (2) whether the prior acquittal of the alleged…