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PEOPLE v. BROOKS

283 A.D.2d 367 (2001)

729 N.Y.S.2d 459

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL BROOKS, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 31, 2001.

Defendant failed to submit facts sufficient to warrant a hearing on whether the complainant was acting as a police agent when he recorded a telephone call he received from defendant during the pendency of the case (see, People v Bent, 160 A.D.2d 1176, lv denied 76 N.Y.2d 937). Defendant's claim of police involvement was based on a concededly erroneous factual premise. Defendant's further claim that police involvement is suggested...

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