People v. Sydney St. John

Appellate Division of the Supreme Court of New York

People v. Sydney St. John

184 A.D.2d 1084, 586 N.Y.S.2d 909, 1992 N.Y. App. Div. LEXIS 8364

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

DecidedJune 5, 1992

StatusPublished

This text of 184 A.D.2d 1084 (People v. Sydney St. John) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Sydney St. John, 184 A.D.2d 1084, 586 N.Y.S.2d 909, 1992 N.Y. App. Div. LEXIS 8364 (N.Y. Ct. App. 1992).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that his defense was inadequate as a matter of law because defense counsel and the court failed to afford him an opportunity to avail himself of the affirmative defense of entrapment. The defense was not raised at any time during the trial and the issue has not been preserved for appeal (see, CPL 470.05 [2]).

We also reject defendant’s request that we consider the defense of entrapment in the interest of justice. The record does not support defendant’s claim of police conduct "repugnant to a sense of justice” (People v Isaacson, 44 NY2d 511, 521). (Appeal from Judgment of Niagara County Court, Hannigan, J. — Criminal Sale Controlled Substance, 3rd Degree.) Present — Denman, P. J., Pine, Balio, Fallon and Doerr, JJ.

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Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that his defense was inadequate as a matter of law because defense counsel and the court failed to afford him an opportunity to avail himself of the affirmative defense of entrapment. The defense was not raised at any time during the trial and the issue has not been preserved for appeal (see, CPL 470.05 [2]).

We also reject defendant’s request that we consider the defense of entrapment in the interest of justice. The record does not support defendant’s claim of police conduct "repugnant to a sense of justice” (People v Isaacson, 44 NY2d 511, 521). (Appeal from Judgment of Niagara County Court, Hannigan, J. — Criminal Sale Controlled Substance, 3rd Degree.) Present — Denman, P. J., Pine, Balio, Fallon and Doerr, JJ.

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Bluebook (online)

184 A.D.2d 1084, 586 N.Y.S.2d 909, 1992 N.Y. App. Div. LEXIS 8364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sydney-st-john-nyappdiv-1992.