I concur in the judgment.
After examining his petition for writ of habeas corpus, I was of the view that petitioner had raised a substantial claim under the Sixth Amendment to the United States Constitution as construed in Massiah v. United States *613(1964) 377 U.S. 201 [12 L.Ed.2d 246, 84 S.Ct. 1199], and its progeny. Certainly, he had effectively alleged unconstitutional conduct by the government and the most unscrupulous of its agents—jailhouse informants.
But considering all the evidence introduced at the hearing before our referee, I conclude that petitioner has failed to carry his burden of proof. I cannot condone what was done by law enforcement officials in this case. I am nevertheless compelled to return a Scotch verdict: Petitioner has not established entitlement to relief.
Petitioner’s application for a rehearing was denied June 22, 1994.