§ 40.05 Entrapment.\n In any prosecution for an offense, it is an affirmative defense that\nthe defendant engaged in the proscribed conduct because he was induced\nor encouraged to do so by a public servant, or by a person acting in\ncooperation with a public servant, seeking to obtain evidence against\nhim for purpose of criminal prosecution, and when the methods used to\nobtain such evidence were such as to create a substantial risk that the\noffense would be committed by a person not otherwise disposed to commit\nit. Inducement or encouragement to commit an offense means active\ninducement or encouragement. Conduct merely affording a person an\nopportunity to commit an offense does not constitute entrapment.\n
N.Y. Penal Law § 40.05
Entrapment
Applied in 4 court decisions — leading case Matter of Mario Enters., Inc. v. New York State Liq. Auth. (2020)
Most recently applied in Matter of Mario Enters., Inc. v. New York State Liq. Auth. (December 2020)
2014-09-22
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.