PEOPLE v. HOOD


52 A.D.2d 971 (1976)

The People of the State of New York, Respondent, v. McKinley Hood, Appellant

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

May 13, 1976


Defendant was indicted, tried and convicted of criminal sale of a dangerous drug in the third degree. He was sentenced to a five-year term of probation. On this appeal his major contention is that he was entrapped, as a matter of law, as defined by section 40.05 of the Penal Law, and, consequently, the verdict should be reversed and the indictment dismissed. Proof offered by the prosecution consisted mainly of the testimony of a State Trooper who

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