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PEOPLE v. YATES

197 A.D.2d 838 (1993)

602 N.Y.S.2d 249

The People of the State of New York, Respondent, v. Jack C. Yates, Appellant

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

October 1, 1993

Judgment unanimously affirmed.

Memorandum:

Defendant failed to sustain his burden of proving that the police actively encouraged or induced him to make the sale when he was not predisposed to do so (see, People v DeGina, 72 N.Y.2d 768). The record supports the court's finding that the police conduct merely afforded defendant the opportunity to commit the crime (see, People v Calvano,

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