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PEOPLE v. DeJESUS

219 A.D.2d 516 (1995)

631 N.Y.S.2d 659

The People of the State of New York, Respondent, v. Melvin DeJesus, Appellant

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

September 21, 1995

The trial court properly declined to charge entrapment, since defendant failed to set forth evidence, viewed in the light most favorable to him, to support that affirmative defense sufficiently. As stated in People v Brown (82 N.Y.2d 869, 871), defendant had the burden of showing by a preponderance of the evidence that "(1) he was actively induced or encouraged to commit the offense by...

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