Legal Opinion

People v. Surpris

Appellate Division of the Supreme Court of the State of New York

Decided December 1, 1986PublishedCited by 6 opinions

1Opinion of the Court

— Appeal by the defendant from a judgment of the County Court, Nassau County (Delin, J.), rendered June 18, 1985, convicting him of conspiracy in the second degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to meet his burden of establishing the defense of entrapment by a preponderance of the evidence (see, Penal Law § 25.00 [2]). According to tape recordings of conversations between the defendant, a confidential informant and an undercover police officer, which were admitted into evidence, the defendant was clearly predisposed to…

2Cases cited4 opinions

  1. People v. CalvanoNew York Court of Appeals · 1972
  2. People v. BauerAppellate Division of the Supreme Court of the State of New York · 1969
  3. People v. MenacheAppellate Division of the Supreme Court of the State of New York · 1983
  4. People v. ThompsonNew York Court of Appeals · 1979

3Cited by6 opinions

  1. People v. SmythAppellate Division of the Supreme Court of the State of New York · 1996
  2. People v. CaballeroAppellate Division of the Supreme Court of the State of New York · 1990
  3. People v. BaileyAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. CharrisAppellate Division of the Supreme Court of the State of New York · 1991
  5. People v. LopezAppellate Division of the Supreme Court of the State of New York · 1997

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