New York Court of Appeals

The People of the State of New York v. Sheldon Sanders

May 18, 198256 N.Y.2d 51

Summary

The New York Court of Appeals affirmed the convictions, holding that the recorded statements of the deceased co‑conspirator were admissible under the coconspirators' hearsay exception and did not violate the Sixth Amendment confrontation right, and that any error in admitting a June 9 conversation was harmless. The Court reasoned that prima facie proof of a conspiracy existed and that the statements possessed sufficient indicia of reliability. Justice Wachtler dissented, arguing that the use of the improperly obtained statements violated the State constitutional right to counsel and required reversal.