PEOPLE v. THOMPSON


59 A.D.2d 996 (1977)

The People of the State of New York, Respondent, v. Clifford Thompson, Jr., Appellant

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

November 23, 1977


Defendant's sole contention on this appeal is that the trial court erred in not granting judgment for the defendant, as a matter of law, because the defense of entrapment had been established, and, alternatively, in refusing to submit the issue of entrapment to the jury as a question of fact. Section 40.05 of the Penal Law provides that entrapment is an affirmative defense. Subdivision 2 of section 25.00 of the Penal Law states that "When a defense declared by statute to...

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