The following excerpt is from U.S. v. Gentile, 104 F.3d 356 (2nd Cir. 1996):
To rebut an entrapment defense, the Government is permit-ted to introduce evidence to demonstrate that the defendant was predisposed to commit the offense. United States v. Harvey, 991 F.2d 981, 994 (2d Cir.1993). Evidence of predisposition is admissible only if it shows that the defendant's past conduct is "near enough in kind to support an inference that his purpose included offenses of the sort charged." Id. (citing United States v. Sherman, 200 F.2d 880, 882 (2d Cir.1952)). A trial court's decision to admit predisposition evidence is reviewed for an abuse of discretion. Id.
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