Order unanimously affirmed. Memorandum: The People have appealed from an order setting aside a jury verdict convicting defendant of criminal possession of a controlled substance in the third degree and conspiracy in the first degree. The trial court's action was based on its determination that the People had not established a prima facie case for either crime. We agree. Unlike the situation in People v. Berkowitz ( 50 N.Y.2d 333), the People here did not produce evidence sufficiently connecting the defendant to a conspiracy to possess cocaine as charged in the indictment. Since a prima facie case of conspiracy was not established the acts and utterances of the alleged coconspirators could not be attributed to the defendant.