People v. DeGina

OPINION OF THE COURT

Kaye, J.

This case, involving narcotics sales, presents two questions: first, was it error for the trial court to instruct the jury on the affirmative defense of entrapment over defendant’s consistent protestations that he was not advancing an entrapment defense, but was in fact putting forth a different defense, and second — if error — was the error harmless?

Defendant’s position both at trial and on appeal has been that he did not raise an entrapment defense and that it was *772error to charge the jury on that defense. Defendant claims that the entrapment instruction violated…