People v. Roper

Memorandum. The judgments of the Appellate Division should be affirmed. We need not decide whether entrapment is currently recognized as a defense in New York since, even if it is, the present ease did not create an issue of fact requiring submission to the jury (cf. Revised Penal Law, § 35,40, enacted by L. 1965, ch. 1030, eff. Sept. 1, 1967), No error was committed by the trial court in refusing appellants’ request to test the accuracy of Minifon transcripts by requiring the jury to attempt to *713identify the voices and dialogue without them or by having a court reporter transcribe the tapes…