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STATE v. TALBOT

71 N.J. 160 (1976)

364 A.2d 9

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JOHN TALBOT, III, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided August 9, 1976.

Attorney(s) appearing for the Case

Mr. Mart Vaarsi, Deputy Attorney General, argued the cause for plaintiff-appellant (Mr. William F. Hyland, Attorney General of New Jersey, attorney, Mr. Vaarsi, of counsel and on the brief).

Mr. Martin Newmark argued the cause for defendant-respondent (Mr. Newmark on the brief).

The opinion of the court was delivered by SULLIVAN, J.

This appeal poses the issue whether entrapment is established as a matter of law if an informant, while acting in concert with an undercover police officer, but unknown to the officer and contrary to instructions, supplies the defendant with heroin for the purpose of then arranging a sale of the heroin by defendant to the undercover officer, which sale is then consummated. We hold that it is.

Defendant...

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