PEOPLE v. ELLIS


171 A.D.2d 619 (1991)

The People of the State of New York, Respondent, v. John Ellis, Appellant

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

March 28, 1991


We agree with defendant that the court's erroneous instruction on the entrapment defense, in addition to the improper comments of the prosecutor during summation, deprived him of a fair trial. Accordingly, a new trial is ordered.

In instructing the jury on the entrapment defense, the court stated, over defense counsel's objection, that "[t]he purpose of the defense of entrapment is to prevent the conviction of persons who although not criminals or predisposed to commit...

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