People v. Beach

Judgment unanimously affirmed.

Memorandum: Whether defendant met his burden of establishing the affirmative defense of entrapment (see, Penal Law § 40.05) is a question of fact for the jury (see, People v McGee, 49 NY2d 48, 61, cert denied sub nom. Waters v New York, 446 US 942; People v Dolan, 155 AD2d 867, 868, lv denied 75 *1080NY2d 812). The conflicting testimony essentially presented an issue of credibility, which the jury was entitled to resolve against defendant (see, People v Dolan, supra).

The trial court properly denied defendant’s request for an instruction on the agency defense. To…