Legal Opinion

People v. James

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

Decided November 19, 1997PublishedCited by 1 opinion

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Supreme Court did not err in denying the request of defendant to instruct the jury in its charge on entrapment that, in finding whether two undercover officers “induced or encouraged” him to sell cocaine, the jury should consider that “[i]n some circumstances, pleas to a defendant, based on sympathy or friendship, may * * * exert pressure on a defendant” (1 CJI[NY] 40.05). Penal Law § 40.05 requires a showing “both that the proscribed conduct was ‘induced or encouraged’ by official activity and that the defendant had no predisposition to engage in…

2Cases cited4 opinions

  1. People v. ButtsNew York Court of Appeals · 1988
  2. People v. BrownNew York Court of Appeals · 1993
  3. People v. ReddenAppellate Division of the Supreme Court of the State of New York · 1992
  4. People v. FullerAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by1 opinion

  1. People v. AriasAppellate Division of the Supreme Court of the State of New York · 2003

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