People v. Kolaski

I dissent. I am not persuaded that the trial court’s finding of entrapment on these facts was clearly erroneous.

The record in this case shows that two state police troopers stopped James’s vehicle, arrested her for drunk driving, and placed her in the patrol car. Defendant was obviously intoxicated and informed the troopers that his driver’s license had been suspended. Inexplicably, rather than securing James’s van themselves or asking James to do so, the troopers gave the keys to defendant and asked him to get James’s purse and secure the vehicle. The troopers never saw defendant return the…