Entrapment In New York
Entrapment is an affirmative criminal defense in New York. A jury may find a defendant not guilty if they find that: (1) the defendant committed the crime because he was induced or encouraged to do so by a public servant or a person acting in cooperation with a public servant who was attempting to get evidence against them for the purpose of criminal prosecution and (2) the tactics used by the public servant or the person acting in cooperation with a public servant to get the evidence created a substantial risk that the crime would be committed by a person not otherwise disposed to commit such a crime.
The affirmative defense of entrapment must be raised and proved by the defendant by a preponderance of the evidence. The defense of entrapment requires the active inducement or encouragement of a person who is not pre-disposed to commit the crime. The mere providing of an opportunity to commit a crime does not constitute entrapment. In determining whether a criminal defendant was pre-disposed to committing the crime the jury may consider-amongst any other relevant evidence introduced at trial- the defendant’s prior criminal history.
Entrapment is considered a risky defense by many criminal defense experts. It essentially requires the defendant to admit that he committed the crime. It also opens the door to the admission into evidence of defendant’s prior criminal history- that may not have otherwise been admissible into evidence- to show a pre-disposition to commit the crime.
The affirmative defense of entrapment will always hold a special place in my heart because it was on my bar exam despite my bar exam review instructor telling our class that New York never asks any questions about It. I only was able to successfully complete the essay due to having followed the John DeLorean trial
Please call me at 1-877-858-2998 if you are ever arrested in New York. I am available 24/7. The inital consultation is free. If the case is not dismissed, I will negotiate a plea bargain agreeable to you or take the case to trial.
