UNITED STATES V. CHECK 582 F.2d 668 (2nd Cir. 1978) CASE BRIEF

UNITED STATES V. CHECK

582 F.2d 668 (2nd Cir. 1978)

NATURE OF THE CASE: This was an appeal by a policeman for a conviction of possession cocaine with the intent to distribute. Check (D) appealed from a conviction for possession of heroin with intent to distribute the drug, including the allegation of actual distribution of the drug, in violation of 21 U.S.C.S. 841(a)(1), and conspiracy to distribute narcotic drug, controlled substances, in violation of 21 U.S.C.S. 846.

FACTS: Officer Spinelli was assigned to investigate allegations that Officer Check (D) was involved in drug dealing. Spinelli dealt through an informant named Cali to get close to D. Spinelli assumed the role of a prospective purchaser of narcotics. A meeting was arranged. Spinelli and Cali waited at a restaurant and when D showed up Cali and D had a conversation outside the restaurant without Spinelli. Cali then rejoined Spinelli. Cali refused to testify at trial and the prosecutor established that Cali and D had a conversation. Then the prosecutor asked Spinelli what he said to Cali and Spinelli testified about the restaurant meeting from the standpoint of what he told Cali. Most of the testimony related to what in fact Cali and D had conversed about. The trial judge struck most of the evidence but not all of it. D was convicted and appealed. D contends the entire testimony between Cali and Spinelli was inadmissible.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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