Opinion
October 1, 1993
Appeal from the Jefferson County Court, Clary, J.
Present — Denman, P.J., Balio, Lawton, Fallon and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant failed to sustain his burden of proving that the police actively encouraged or induced him to make the sale when he was not predisposed to do so (see, People v. DeGina, 72 N.Y.2d 768). The record supports the court's finding that the police conduct merely afforded defendant the opportunity to commit the crime (see, People v. Calvano, 30 N.Y.2d 199). Additionally, the People sustained their burden of showing that there was no agency relationship (see, People v Roche, 45 N.Y.2d 78, cert denied 439 U.S. 958). Defendant was previously acquainted with the supplier, obtained the drugs on credit, and, according to the testimony of the police officers, expressly credited by the court, made $100 on the transaction (see, People v. Simpson, 85 A.D.2d 306, 310; People v. Gonzales, 66 A.D.2d 828).