People v. Salko
| Decision Date | 10 July 1979 |
| Citation | 47 N.Y.2d 1010,420 N.Y.S.2d 223 |
| Parties | , 394 N.E.2d 292 The PEOPLE of the State of New York, Appellant, v. Matthew SALKO, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Motion by defendant-respondent for reargument denied.
Motion by defendant-respondent and cross-motion by appellant to amend the remittitur granted only to the extent that the opinion herein is amended by adding thereto the following:
"In addition to the issues addressed in this opinion, the Court considered the other contentions made by defendant-respondent in his brief in support of affirmance and concluded such further contentions were without merit."
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20 cases
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People v. Diaz
... ... Rastelli, 37 N.Y.2d 240, 244, [371 N.Y.S.2d 911, 333 N.E.2d 182,] cert. denied 423 U.S. 995 [96 S.Ct. 421, 46 L.Ed.2d 369]. However, this evidence may be admitted only upon a showing that a prima facie case of conspiracy has been established (People v. Salko, 47 N.Y.2d 230, 237, [417 N.Y.S.2d 894, 391 N.E.2d 976,] rearg. denied 47 N.Y.2d 1010 [420 N.Y.S.2d 223, 394 N.E.2d 292]; People v. Rastelli, supra). 'Of course, the determination whether a prima facie case of conspiracy has been established must be made without recourse to the declarations ... ...
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People v. Shinebarger
...U.S. 1131, 129 S.Ct. 1613, 173 L.Ed.2d 1000;see People v. Salko, 47 N.Y.2d 230, 239, 417 N.Y.S.2d 894, 391 N.E.2d 976,remittitur amended47 N.Y.2d 1010, 420 N.Y.S.2d 223, 394 N.E.2d 292). Defendant also challenges the credibility of the People's witnesses, but we cannot conclude that the tes......
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People v. Robles
...70, 833 N.E.2d 213, quoting People v. Salko, 47 N.Y.2d 230, 238, 417 N.Y.S.2d 894, 391 N.E.2d 976, rearg. denied and remittitur amended 47 N.Y.2d 1010, 420 N.Y.S.2d 223, 394 N.E.2d 292). Indeed, the People established the existence of a conspiracy through "the acts and declarations of defen......
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People v. Bisnett
... ... The record reveals that there was sufficient evidence, independent of the taped conversations, to establish a prima facie case of conspiracy (see, People v. Salko, 47 N.Y.2d 230, 417 N.Y.S.2d 894, 391 N.E.2d 976, rearg. denied 47 N.Y.2d 1010, 420 N.Y.S.2d 223, 394 N.E.2d 292) ... We also note that the court did not improvidently exercise its discretion in limiting the cross-examination of Frank Solomon, a former codefendant, with regard to ... ...
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