Opinion
September 22, 1997
Appeal from the County Court, Putnam County (Sweeny, J.).
Ordered that the judgment is affirmed.
The issue of whether the affirmative defense of entrapment was established was an issue of fact for the jury ( see, e.g., People v. McGee, 49 N.Y.2d 48; People v. Zaloga, 114 A.D.2d 871). Sufficient evidence was adduced at the trial from which the jury could properly conclude that the defendant was not actively induced and was predisposed to commit the offenses charged ( see, People v. Bailey, 162 A.D.2d 885; People v. Surpris, 125 A.D.2d 351; People v. Zaloga, supra).
Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).
Finally, the sentence imposed was not excessive ( see, People v Suitte, 90 A.D.2d 80).
Miller, J.P., Florio, McGinity and Luciano, JJ., concur.