Does the affirmative defense of entrapment in the felony murder statute survive?
"New York", United States of America
The following excerpt is from People v. Bornholdt, 305 N.E.2d 461, 33 N.Y.2d 75, 350 N.Y.S.2d 369 (N.Y. 1973):
We recently had occasion to pass on the constitutionality of the affirmative defense of entrapment (Penal Law, 40.05, 25.00, subd. 2) and upheld it against a due process challenge. (People v. Laietta, 30 N.Y.2d 68, 330 N.Y.S.2d 351, 281 N.E.2d 157). We conclude that the affirmative defense provisions of the felony murder statute are also sustainable.
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