People v. Weatherspoon

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court for further proceedings, in accordance with the following memorandum: Viewing the evidence, as we must, in the light most favorable to the defendant, we conclude that the trial court erred in denying defendant’s request to charge entrapment as an affirmative defense (see, People v Butts, 72 NY2d 746; People v Lauder, 65 AD2d 520; People v Riley, 65 AD2d 608; People v Moore, 62 AD2d 930; People v Sundholm, 58 AD2d 224, 228). Thus viewed, the evidence established that defendant repeatedly…