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PEOPLE v. ERSKINE

128 A.D.2d 800 (1987)

The People of the State of New York, Respondent, v. Carl Erskine, Appellant

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

March 23, 1987

Ordered that the judgment is affirmed, and the case is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).

In the instant matter, the defendant asserted both the defense of coercion (see, Penal Law § 200.05) and the affirmative defense of entrapment (see, Penal Law § 40.05). While these two defenses are inconsistent in terms of burden of proof in that the...

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