People v. Long
New York Supreme Court
1Opinion of the CourtWalter T. Gorman, J.
The defendant was charged in a five-count, consolidated indictment with the crime of criminal sale of a controlled substance in the third degree and related crimes.
The case was set down for trial on August 21, 1975. At that time the defendant sought to have the statutory imposition of a burden of proof upon the defendant, should he raise an entrapment defense, declared unconstitutional. Oral argument was heard during which defense counsel contended that the recent Supreme Court decision in Mullaney v Wilbur (421 US 684) mandates such a holding.
The issue raised is whether the due process…
2Cases cited8 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Mullaney v. WilburSupreme Court of the United States · 1975
- Sorrells v. United StatesSupreme Court of the United States · 1932
- Sherman v. United StatesSupreme Court of the United States · 1958
- Leland v. OregonSupreme Court of the United States · 1952
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3Cited by4 opinions
- Fuentes v. StateSupreme Court of Delaware · 1975
- People v. SmithNew York Supreme Court · 1976
- People v. ArchieNew York Supreme Court · 1976
- People v. MartinCriminal Court of the City of New York · 1979