People v. Caban

Judgment, Supreme Court, Bronx County (John Moore, J.), rendered December 22, 1997, convicting defendant, after a jury trial, of conspiracy in the second degree, and sentencing him to a term of SVs to 25 years, affirmed.

Saxe and Gonzalez, JJ., concur in a memorandum by Gonzalez, J., as follows: In this prosecution of defendant for conspiring with others to murder a rival drug dealer, there are two primary issues on appeal. The first is whether the prosecution established a prima facie case of conspiracy by evidence independent of the hearsay declarations of two coconspirators sought to be…