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PEOPLE v. BYRD

155 A.D.2d 350 (1989)

The People of the State of New York, Respondent, v. Jimmy Byrd, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 21, 1989

The main issues to be determined by the jury on the trial of this indictment were raised by defendant's affirmative defense of entrapment (Penal Law § 40.05; People v McGee, 49 N.Y.2d 48, cert denied 446 U.S. 942), as to which he bore the burden of proof by a preponderance of the evidence (Penal Law § 25.00 [2]).

To establish the defense of entrapment a defendant must prove two separate elements: first, that...

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