People v. Granger

Appellate Division of the Supreme Court of New York

People v. Granger

29 A.D.2d 569, 286 N.Y.S.2d 1023, 1967 N.Y. App. Div. LEXIS 2632

Appellate Division of the Supreme Court of the State of New York·Decided December 29, 1967·Published

Opinion

Judgment of the County Court, Suffolk County, rendered December 9, 1966, affirmed. No opinion. ¡Beldock, P. J., Brennan, Rabin and Hopkins, JJ., concur; Benjamin, J., dissents and votes to reverse the judgment and grant a new trial, with the following memorandum: On the proof in this case, the jury could have found that a “ special employee ” of the police department improperly entrapped defendant into making a sale of marijuana. Hence, the trial court’s refusal to charge the jury on the defense of entrapment was-reversible error (see, People v. Williams, 38 Misc 2d 80; cf. Penal Law, § 35.40 [eff. Sept. 1, 1967]).

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Judgment of the County Court, Suffolk County, rendered December 9, 1966, affirmed. No opinion. ¡Beldock, P. J., Brennan, Rabin and Hopkins, JJ., concur; Benjamin, J., dissents and votes to reverse the judgment and grant a new trial, with the following memorandum: On the proof in this case, the jury could have found that a “ special employee ” of the police department improperly entrapped defendant into making a sale of marijuana. Hence, the trial court’s refusal to charge the jury on the defense of entrapment was-reversible error (see, People v. Williams, 38 Misc 2d 80; cf. Penal Law, § 35.40 [eff. Sept. 1, 1967]).

People v. Granger, 29 A.D.2d 569, 286 N.Y.S.2d 1023, 1967 N.Y. App. Div. LEXIS 2632 (N.Y. Ct. App. 1967).

Pincite

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Opinion

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