PEOPLE v. ROPER


17 N.Y.2d 711 (1966)

The People of the State of New York, Respondent, v. Eustace Roper, Nunzio Provenzano and Salvatore Briguglio, Appellants.

Court of Appeals of the State of New York.

Decided March 31, 1966.


Attorney(s) appearing for the Case

Harris B. Steinberg and Stanley S. Arkin for appellants.

Frank S. Hogan, District Attorney (Harold Roland Shapiro of counsel), for respondent.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING concur.


MEMORANDUM.

The judgments of the Appellate Division should be affirmed. We need not decide whether entrapment is currently recognized as a defense in New York since, even if it is, the present case did not create an issue of fact requiring submission to the jury (cf. Revised Penal Law, § 35.40, enacted by L. 1965, ch. 1030, eff. Sept. 1, 1967). No error was committed by the trial court in refusing appellants' request...

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