People v. Seale

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant contends that the trial court erred in refusing the defendant’s request for a charge on the affirmative defense of entrapment. The trial court was correct in refusing to instruct the jury on this affirmative defense because the defendant failed to raise a factual question as to whether he was actively induced by government agents to commit the criminal act of possession for which he was convicted (Penal Law, § 40.05).

*925Defendant also contends that he was deprived of his right to counsel, and his…