Legal Question in Criminal Law in New York
My friend was outside a subway station having a cigarette when an individual who does not initially identify himself as a police officer dressed in plain clothes approaches him and asks for directions. After procuring directions, he then asks to buy some marijuana. My friend then offers to sell him some and the officer proceeds to arrest him. Is this entrapment? My friend got marijuana acd (he lives in NYC) but can he file a complaint of some sort?
1 Answer from Attorneys
Your friend got picked up for doing something that he was prepared to do already. In order for it to be entrapment, the Police would have had to put him in a situation in which he would not have otherwise committed a crime. In this instance, from what you described, he was ready, willing and able to sell the drugs. So all the police did was catch him doing what he was already going to do.
No entrapment here. Just plain foolishness.
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