People v. Yates

—Judgment unanimously affirmed. Memorandum: Defendant failed to sustain his burden of proving that the police actively encouraged or induced him to make the sale when he was not predisposed to do so (see, People v DeGina, 72 NY2d 768). The record supports the court’s finding that the police conduct merely afforded defendant the opportunity to commit the crime (see, People v Calvano, 30 NY2d 199). Additionally, the People sustained their burden of showing that there was no agency relationship (see, People v Roche, 45 NY2d 78, cert denied 439 US 958). Defendant was previously acquainted with…