People v. Laietta

The issue in this criminal action is whether the trial court erred in charging the jury that the defendant had the burden of persuasion on the defense of entrapment.

Following a jury trial, defendant was convicted of conspiracy (Penal Law, § 105.10), and attempted grand larceny by extortion (Penal Law, §§ 110.00, 155.40), and sentenced to concurrent maximum terms of three years. The Appellate Division affirmed.

The order should be affirmed. Section 25.00 (sube). 2) of the Penal Law places on the defendant the burden of establishing affirmative defenses'; such as entrapment, by a preponderance…