PEOPLE v. VELASQUEZ

3399, 1768/05.

77 A.D.3d 503 (2010)

909 N.Y.S.2d 438

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCISCO VELASQUEZ, Appellant.

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

Decided October 21, 2010.


Defendant did not preserve his argument that he established the affirmative defense of entrapment as a matter of law, and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. Furthermore, in the exercise of our factual review power, we find that the court's verdict rejecting that defense was not against the weight of the evidence. The police actions, both on the Internet and at the scene of the crime, merely provided...

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