People v. Thompson

Appeal from a judgment of the County Court of Broome County, rendered February 3, 1975, upon a verdict convicting defendant of the crime of criminal sale of a controlled substance in the third degree. Defendant’s sole contention on this appeal is that the trial court erred in not granting judgment for the defendant, as a matter of law, because the defense of entrapment had been established, and, alternatively, in refusing to submit the issue of entrapment to the jury as a question of fact. Section 40.05 of the Penal Law provides that entrapment is an affirmative defense. Subdivision 2 of…