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PEOPLE v. RODRIGUEZ

145 A.D.2d 580 (1988)

The People of the State of New York, Respondent, v. Jose Rodriguez, Appellant

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

December 19, 1988

Ordered that the judgment is affirmed.

The defendant's request for a charge as to the affirmative defense of duress (Penal Law § 40.00 [1]) was properly rejected, for, as the trial court observed in so ruling, the defendant's testimony that he sold heroin to the undercover officer because he had been "threatened" did not form a sufficient factual predicate for such an instruction (see, People v Amato,...

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