People v. Kabakovich

Defendant, Michael Kabakovich, appeals his conviction of the unlawful delivery of a controlled substance (111. Rev. Stat. 1989, ch. 56V2, par. 1401(b)(2) (now codified, as amended, at 720 ILCS 570/ 401(c)(2) (West 1992))). Defendant argues that the trial court improperly allowed into evidence the hearsay statements of an alleged coconspirator without sufficient proof that defendant and the declarant were engaged in a conspiracy.

Before a court may allow into evidence the hearsay statements of a coconspirator against a defendant, the State must present prima facie proof that the defendant and…