Opinion
November 24, 1997
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
The determination of the New York State Liquor Authority is supported by substantial evidence and must be confirmed ( see, CPLR 7803; 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 181; Matter of Vanda Hodge Pub v. New York State Liq. Auth., 215 A.D.2d 35, 41-42). Moreover, assuming, as the petitioner contends, that the entrapment defense is available, the petitioner has not established the merits of the defense. The conduct of the police did not encourage illegal conduct, but merely afforded the petitioner an opportunity to commit the offense ( see, Matter of L R Wines Liqs. v. New York State Liq. Auth., 174 A.D.2d 570, 571; Matter of Viloria v. Sobol, 152 A.D.2d 92, 95).
O'Brien, J. P., Thompson, Sullivan and McGinity, JJ., concur.