People v. Dempsey

Following a bench trial, defendant Matthew Dempsey was convicted of unlawful delivery of a controlled substance and sentenced to a 3-year term of probation upon condition that he pay a fine of *1,000 and make restitution of *200. On appeal, he contends that the State failed to rebut his affirmative defense of entrapment beyond a reasonable doubt.

At trial Edward Olehy, an undercover police officer, testified that on November 12, 1977, after conferring with an informant named Andy, he parked his unmarked police car across the street from the Boathouse Tavern in Peoria and waited. Defendant got into…