What is the effect of counsel's affirmative defense of entrapment in a criminal case?

"New York", United States of America

The following excerpt is from People v. Zaborski, 452 N.E.2d 1255, 465 N.Y.S.2d 927, 59 N.Y.2d 863 (N.Y. 1983):

The affirmative defense of entrapment was totally at odds with defendant's explanation that he had willingly received the goods from the police agent inasmuch as the defense of entrapment is available only to defendants who were "induced or encouraged" to commit the charged crime (Penal Law, 40.05). Moreover, defendant's predisposition to commit the crime having been brought into issue, the prosecution was able to introduce highly damaging evidence. In addition, the damage to defendant's case was exacerbated by other conduct of counsel, including his repeated eliciting of damaging evidence when cross-examining prosecution witnesses. Viewed in its entirety, the record demonstrates that defendant was not "provided meaningful representation" (People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400, supra ).

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