The following excerpt is from U.S. v. Bertolotti, 529 F.2d 149 (2nd Cir. 1975):
12 The record discloses no hearsay emanating from a member of one of the conspiracies used to the detriment of a member of another, United States v. Miley, 513 F.2d 1191, 1208 (2d Cir. 1975), and no problem of 'surprise,' Berger v. United States, 295 U.S. 78, 55 S.Ct. 629, 79 L.Ed. 1314 (1935).
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