N.Y. Penal Law § 40.05: Entrapment

§ 40.05 Entrapment.

In any prosecution for an offense, it is an affirmative defense that

the defendant engaged in the proscribed conduct because he was induced

or encouraged to do so by a public servant, or by a person acting in

cooperation with a public servant, seeking to obtain evidence against

him for purpose of criminal prosecution, and when the methods used to

obtain such evidence were such as to create a substantial risk that the

offense would be committed by a person not otherwise disposed to commit

it. Inducement or encouragement to commit an offense means active

inducement or encouragement. Conduct merely affording a person an

opportunity to commit an offense does not constitute entrapment.