PEOPLE v. KAPLAN


167 A.D.2d 273 (1990)

The People of the State of New York, Respondent, v. Mike Kaplan, Appellant

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

November 20, 1990


The sole question presented on appeal is whether the court erred in denying defendant's application to call an expert psychiatric witness to testify that as a result of defendant's drug dependency, he was more susceptible to inducement, in connection with the entrapment defense raised. While such testimony is generally admissible (see, United States v Newman, 849 F.2d 156, 165), a necessary predicate for its admission is that...

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