Bogus blow or no, sale is still a conspiracy.
Byline: Bill Cresenzo
A drug dealer's statement to an undercover officer directing him to buy cocaine from his "boys" was properly admitted under an exception to the rule against hearsay even though the powder pawned off to police later proved to be phony, the North Carolina Court of Appeals has ruled while upholding a prison sentence handed down to one of the dealer's subordinates.
In 2015, an undercover detective with the Duplin County Police Department arranged to pay James Williams $1,200 for an ounce of cocaine. As the detective was taking on the phone with Williams while waiting at the arranged meeting spot, a car with three people, including Tyrone Chevallier, pulled up. Williams told the detective, "Them are my boys, deal with them."
The detective did as he was bid. The three had what was purported to be an ounce of cocaine, and officers swooped in and arrested them. It turned out the cocaine was counterfeit. In 2017, Chevallier was found guilty of possessing, delivering, and attempted to sell a counterfeit controlled substance.
Chevallier appealed, arguing, among other things, that the trial court erred by admitting Williams' statement into evidence under an exception to the rule against hearsay for statements made by a co-conspirator. He contended that, because the cocaine was fake, there was no agreement or union of wills between himself and Williams and therefore no conspiracy.
But Judge Allegra Collins, writing for a unanimous panel in a March 5 opinion, said that it was...
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