United States v. Check

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

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Nature of the Case

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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 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.