State v. Lynch
In State v. Lynch, 21 Conn. App. 386, 574 A.2d 230, cert. denied, 216 Conn. 806, 580 A.2d 63 (1990), the defendant failed to object to the trial court's admission of a coconspirator's hearsay statement.
The trial court later instructed the jury that it had "the duty to determine whether the state had proven a prima facie case of conspiracy independent of the coconspirator's statement." Id., 391.
On appeal, this court determined that the court's submission of that question to the jury amounted to plain error because the court improperly had delegated a duty to the jury. Id.
The Court did not hold in Lynch that the court committed plain error in failing to make a sua sponte determination.