If a defendant denies committing the crime with which he is charged but asserts that if he did commit the crime he was entrapped into doing so, can he rely on these inconsistent defenses?

I think the case will be rare in which a defendant denies committing the crime with which he is charged but asserts that if he did commit it he was entrapped into doing so. However, if a defendant is to be permitted to rely on these inconsistent defenses, he should make clear his intention to do so. He should not be permitted to claim only lack of involvement and then, after the proofs are closed, ask for a charge on entrapment. Where entrapment is claimed, the Government has the burden of proving the defendant's predisposition to commit the crime. Proof of prior and subsequent criminal conduct is admissible, and often indispensable, for this purpose. United States v. Warren, 453 F.2d 738, 745 (2d Cir.), cert. denied, 406 U.S. 944, 92 S.Ct. 2040, 32 L.Ed.2d 331 (1972); United States v. Koska, 443 F.2d 1167, 1169 (2d Cir.) (per curiam), cert. denied, 404 U.S. 852, 92 S.Ct. 92, 30 L.Ed.2d 92 (1971). Defense counsel should not be allowed to maneuver the Government out of introducing whatever proof it has on the issue of defendant's predisposition. United States v. Bishop, 367 F.2d 806, 809-10 (2d Cir. 1966).