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PEOPLE v. MAZARIGOS

2009-01799, (Ind. No. 2057-08)

76 A.D.3d 533 (2010)

907 N.Y.S.2d 496

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OSCAR MAZARIGOS, Appellant.

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

Decided August 3, 2010.

Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Suffolk County for further proceedings pursuant to CPL 460.50 (5).

The trial court properly declined the defendant's request to charge the jury with the affirmative defense of entrapment since no reasonable view of the evidence supported that defense (see Penal Law § 40.05; People v Butts, 72 N...

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