People v. Leguillon — 119 A.D.2d 590

Majority

p. 590

The People of the State of New York, Respondent, v Alexander Leguillon, Appellant.

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hayes, J.), rendered May 21, 1985, convicting him of criminal sale of a controlled substance in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

A review of the evidence adduced at trial shows that the defendant failed to establish the affirmative defense of entrapment by a preponderance of the evidence (see, Penal Law § 25.00 [2]). Thus, the jury’s decision on this issue should not be disturbed (see, People v McGee, 49 NY2d 48 , 61, cert denied sub nom. Waters v New York, 446 US 942 ; People v Zaloga, 114 AD2d 871 ).

We have examined the defendant’s other contentions and find them to be without merit. Thompson, J. P., Bracken, Weinstein and Kunzeman, JJ., concur.

Cases cited

People v. McGee 49 NY2d 48 N.Y. 1979-12-17 at 61 p. 590