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People v. Williams

Supreme Court of New York, Second Department

October 23, 2013

The People of the State of New York, respondent,
v.
Susan Williams, appellant. Ind. No. 880/10

James L. Iannone, P.C., Williston Park, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Jason R. Richards of counsel), for respondent.

REINALDO E. RIVERA, J.P., SANDRA L. SGROI, JEFFREY A. COHEN, SYLVIA O. HINDS-RADIX, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (St. George, J.), rendered December 17, 2010, convicting her of conspiracy in the second degree and criminal possession of a forged instrument in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The Supreme Court properly declined the defendant's request to charge the jury with the affirmative defense of entrapment since no reasonable view of the evidence supported that defense (see Penal Law § 40.05; People v Butts, 72 N.Y.2d 746, 750; People v Garcia, 66 A.D.3d 699, 700). The evidence demonstrated that the undercover detective merely afforded the defendant the opportunity to commit the crime of conspiracy in the second degree, which, standing alone, was insufficient to support an entrapment charge (see People v Brown, 82 N.Y.2d 869, 872; People v Mazarigos, 76 A.D.3d 533, 534; People v Smyth, 233 A.D.2d 746, 747-748).

The sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).

RIVERA, J.P., SGROI, COHEN and HINDS-RADIX, JJ., concur.


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