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PEOPLE v. CALDERON

201 A.D.2d 868 (1994)

607 N.Y.S.2d 785

The People of the State of New York, Respondent, v. Cristobal Calderon, Appellant

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

February 4, 1994

Judgment unanimously affirmed.

Memorandum:

Contrary to defendant's argument on appeal, the court's charge did not state or imply that the defense of entrapment was available only to innocent persons or that it was foreclosed to those, such as defendant, who previously had committed crimes. Pursuant to defendant's request, the court excised that portion of the model charge that has been held to convey that impression (see, People v Ellis,

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