People v. Butts, 533 N.E.2d 660 (NY 1988). · Go Syfert
People v. Butts, 533 N.E.2d 660 (NY 1988). Cases Citing This Book View Copy Cite
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examined Cited as authority (verbatim quote) Bonilla v. Lee (3×) also: Cited as authority (quoted)
S.D.N.Y. · 2014 · signal: see also · quote attribution · 3 verbatim quotes · confidence high
the rule is that the jury must be instructed on all claimed defenses which are supported by a reasonable view of the evidenee-not by any view of the evidence, however artificial or irrational.
discussed Cited as authority (rule) People v. Grigoroff
N.Y. App. Div. · 2025 · confidence medium
Upon defendant's request, the court must instruct the jury on the defense if it is sufficiently supported by the evidence; failure to do so may constitute reversible error" ( People v Butts , 72 NY2d 746, 750).
discussed Cited as authority (rule) Patterson v. The People of the State of New York
W.D.N.Y. · 2024 · confidence medium
However, “[the trial] court is not required to adopt an artificial or irrational view of the evidence in deciding whether a justification charge is warranted.” Id. (citing People v. Butts, 72 N.Y.2d 746, 750 (1988)). “[D]ue process does not require the giving of a jury instruction when such charge is not supported by the evidence.” Id. at 541 (citing Hooper v. Evans, 456 U.S. 605, 611 (1982)).
discussed Cited as authority (rule) The People v. Anthony Debellis
NY · 2023 · confidence medium
“The critical question…[is] not whether the claimed defense was consistent with the defendant’s testimony or with other defenses raised, but whether that defense, viewed separately, was supported by the trial evidence” (People v Butts, 72 NY2d 746, 750 [1988]). “ ‘The rule is that the jury must be instructed on all claimed defenses which are supported by a reasonable view of the evidence—not by any view of the evidence, however artificial or irrational’ ” (Williams, 36 NY3d at 160, quoting Butts, 72 NY2d at 750 ).
discussed Cited as authority (rule) The People v. Rebecca Ruiz
NY · 2022 · confidence medium
It is well settled that “the jury must be instructed on all claimed defenses which are supported by a reasonable view of the evidence—not by any view of the evidence, however artificial or irrational” (see People v Butts, 72 NY2d 746, 750 [1988]).
discussed Cited as authority (rule) People v. Richard
N.Y. App. Div. · 2021 · confidence medium
We do not reject defendant's claim of entitlement to an instruction on deadly physical force justification merely because it rests on evidence that is inconsistent with his trial testimony ( see People v Butts , 72 NY2d 746, 748 [1988]).
discussed Cited as authority (rule) People v. Richard
N.Y. App. Div. · 2021 · confidence medium
We do not reject defendant's claim of entitlement to an instruction on deadly physical force justification merely because it rests on evidence that is inconsistent with his trial testimony ( see People v Butts , 72 NY2d 746, 748 [1988]).
discussed Cited as authority (rule) People v. Stroud
N.Y. App. Div. · 2021 · confidence medium
Furthermore, the evidence failed to prove that defendant was not predisposed to possessing drugs, where defendant immediately [*2]agreed to deliver drugs each time the officer asked, and was never reluctant to engage in criminal activity ( see People v Butts , 72 NY2d 746, 750-751 [1988]).
discussed Cited as authority (rule) People v. Stroud
N.Y. App. Div. · 2021 · confidence medium
Furthermore, the evidence failed to prove that defendant was not predisposed to possessing drugs, where defendant immediately [*2]agreed to deliver drugs each time the officer asked, and was never reluctant to engage in criminal activity ( see People v Butts , 72 NY2d 746, 750-751 [1988]).
discussed Cited as authority (rule) The People v. Lance Williams
NY · 2020 · confidence medium
“In determining whether to instruct a jury on a claimed defense, the court must view the evidence adduced at trial in the light most favorable to the defendant,” and must provide the requested charge if it is supported by a reasonable view of the evidence (People v Zona, 14 NY3d 488, 493 [2010]; see People v Banks, 76 NY2d 799, 800 [1990]; People v Butts, 72 NY2d 746, 750 [1988]).
discussed Cited as authority (rule) The People v. J.L. (2×)
NY · 2020 · confidence medium
As the Court explained in People v Butts, “inconsistency in claimed defenses or even between a defendant’s testimony and a defense ‘should not deprive [the] defendant of the requested charge’ if the charge would otherwise be warranted by the evidence” ( 72 NY2d 746, 750 [1988], quoting Padgett, 60 NY2d at 146 ; see also McKenzie, 19 NY3d at 466 [“The charge must be given if there is evidence a possibility (see n 3 infra).
discussed Cited as authority (rule) People v. Moore
N.Y. App. Div. · 2020 · confidence medium
No reasonable view of the evidence, viewed in the light most favorable to defendant, supported the conclusion that defendant stole only one, not two, Canada Goose coats, each valued at $900, thereby leaving the total value of the stolen merchandise below the threshold to be convicted of the greater offenses (CPL 300.50 [1]; People v Scarborough , 49 NY2d 364, 369-370 [1980]; see also People v Negron , 91 NY2d 788, 792 [1998]; People v Butts , 72 NY2d 746, 750 [1988]; People v Padgett , 60 NY2d 142, 144-146 [1983]).
discussed Cited as authority (rule) People v. Blair
N.Y. App. Div. · 2020 · confidence medium
Accordingly, viewing the evidence in the light most favorable to defendant, as required, we find that no reasonable view of the relevant evidence supports entitlement to the defense ( see People v Butts , 72 NY2d 746, 750-751 [1988]).
discussed Cited as authority (rule) People v. Mack
N.Y. App. Div. · 2019 · confidence medium
In making a determination as to the appropriateness of giving such a charge, the trial court must view the evidence in a light most favorable to the defendant and, "[u]pon [the] defendant's request, the court must instruct the jury on the defense if it is sufficiently supported by the evidence; failure to do so may constitute reversible error" ( People v Butts , 72 NY2d 746, 750 [1988]; see People v Watts , 57 NY2d 299, 301 [1982]; People v Williams , 50 NY2d at 1045 ).
discussed Cited as authority (rule) People v. Brown
N.Y. App. Div. · 2019 · confidence medium
Contrary to the People's contention, defendant was entitled to a justification charge, even though at trial he denied assaulting the subject correction officer, and argued that the People failed to prove that he possessed the pen used to injure the subject correction officer. "[A] defendant's entitlement to a charge on a claimed defense is not defeated solely by reason of its inconsistency with some other defense raised or even with the defendant's outright denial that he was involved in the crime" ( People v Butts , 72 NY2d 746, 748 [1988]).
discussed Cited as authority (rule) People v. Figueroa
N.Y. App. Div. · 2018 · confidence medium
To establish entitlement to an entrapment defense jury charge, a defendant must establish that the trial evidence reasonably and sufficiently supports the inference that he or she was actively "induced or encouraged" to commit the offense "by a public servant, or by a person acting in cooperation with a public servant," and that such inducement or encouragement created "a substantial risk that the offense would be committed by a [defendant who was] not otherwise disposed to commit it" (Penal Law § 40.05; see People v Brown , 82 NY2d 869, 870-871 [1993]; People v Butts , 72 NY2d 746, 750 [1988…
discussed Cited as authority (rule) People v. Grays
N.Y. App. Div. · 2018 · confidence medium
Here, assessed in the light most favorable to defendant ( see People v Taylor , 80 NY2d 1, 12 [1992]; People v Butts , 72 NY2d 746, 750 [1988]), there is no reasonable view of the evidence from which a jury could conclude that defendant took any affirmative steps that "would have prevented the crime in the event that [the undercover police officer] had intended to carry out the [solicited murder]" ( People v Sisselman , 147 AD2d 261, 264 [1989], lv denied 74 NY2d 819 [1989]).
discussed Cited as authority (rule) People v. Bonilla
N.Y. App. Div. · 2017 · confidence medium
Rather, the People are required to prove beyond a reasonable doubt both that the defendant knowingly possessed the weapon and that such possession was not innocent.” The trial court, when determining whether to give a charge on a claimed defense, “must view the evidence in the light most favorable to the defendant,” and “[u]pon defendant’s request, the court must instruct the jury on the defense if it is sufficiently supported by the evidence; failure to do so may constitute reversible error” (People v Butts, 72 NY2d 746, 750 [1988]).
discussed Cited as authority (rule) People v. Bonilla
N.Y. App. Div. · 2017 · confidence medium
Rather, the People are required to prove beyond a reasonable doubt both that the defendant knowingly possessed the weapon and that such possession was not innocent." The trial court, when determining whether to give a charge on a claimed defense, "must view the evidence in the light most favorable to the defendant," and "[u]pon defendant's request, the court must instruct the jury on the defense if it is sufficiently supported by the evidence; failure to do so may constitute reversible error" ( People v Butts , 72 NY2d 746, 750 [1988]).
discussed Cited as authority (rule) People v. Negron
N.Y. App. Div. · 2017 · confidence medium
“The rule is that the jury must be instructed on all claimed defenses which are supported by a reasonable view of the evidence—not by any view of the evidence, however artificial or irrational” (People v Butts, 72 NY2d 746, 750 [1988]; see People v Bolling, 7 NY3d 874, 875 [2006]; People v Reynoso, 73 NY2d 816, 818 [1988]; People v Watts, 57 NY2d 299, 301 [1982]; People v Cotsifas, 100 AD3d 1015, 1015 [2012]; People v Harper, 79 AD3d 944 [2010]).
discussed Cited as authority (rule) People v. Sackey-El
N.Y. App. Div. · 2017 · confidence medium
Viewing the evidence in the light most favorable to the defendant, if any reasonable view of the evidence would permit the jury to conclude that the defendant’s conduct was justified, the court must provide the instruction, if requested (see People v Petty, 7 NY3d at 284 ; People v Butts, 72 NY2d 746, 750 [1988]; People v McManus, 67 NY2d at 549; People v Padgett, 60 NY2d 142, 144-145 [1983]).
discussed Cited as authority (rule) People v. Forde
N.Y. App. Div. · 2016 · confidence medium
In any event, “[t]he failure to charge justification constitutes reversible error only when the defense is ‘supported by a reasonable view of the evidence — not by any view of the evidence, however artificial or irrational’ ” (People v Rivers, 300 AD2d 63, 64-65 [2002], quoting People v Butts, 72 NY2d 746, 750 [1988]).
discussed Cited as authority (rule) People v. Fraser
N.Y. App. Div. · 2015 · confidence medium
Viewing the evidence in the light most favorable to the defendant, no reasonable view of the evidence supported charging the jury with this affirmative defense (see People v Butts, 72 NY2d 746, 750 [1988]; People v Watts, 57 NY2d 299, 301 [1982]).
examined Cited as authority (rule) People v. Clark (3×)
N.Y. App. Div. · 2015 · confidence medium
"A trial court must charge the jury with respect to the defense of justification whenever, viewing the record in the light most favorable to the defendant, there is any reasonable view of the evidence which would permit the jury to conclude that the defendant's conduct was justified" ( People v Fermin , 36 AD3d 934, 935 ; see People v Petty , 7 NY3d 277, 284 ; People v Butts , 72 NY2d at 750; People v Perry , 61 NY2d at 850-851 ; People v Padgett , 60 NY2d at 145; People v Watts , 57 NY2d at 301 ; see also Mathews v United States , 485 US 58, 63 ).
discussed Cited as authority (rule) People v. Blunt
N.Y. App. Div. · 2013 · confidence medium
There was no reasonable view of the evidence, viewed most favorably to de fendant, that the police actively induced or encouraged him commit the crime, or that any police conduct, including their use of a confidential informant who was defendant’s childhood friend, created a substantial risk that defendant would commit the crime although not otherwise disposed to do so (see Penal Law § 40.05; People v Brown, 82 NY2d 869, 871-872 [1993]; People v Butts, 72 NY2d 746, 750 [1988]).
discussed Cited as authority (rule) People v. Blunt
N.Y. App. Div. · 2013 · confidence medium
There was no reasonable view of the evidence, viewed most favorably to de fendant, that the police actively induced or encouraged him commit the crime, or that any police conduct, including their use of a confidential informant who was defendant’s childhood friend, created a substantial risk that defendant would commit the crime although not otherwise disposed to do so (see Penal Law § 40.05; People v Brown, 82 NY2d 869, 871-872 [1993]; People v Butts, 72 NY2d 746, 750 [1988]).
discussed Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2013 · confidence medium
The Supreme Court properly declined the defendant’s request to charge the jury with the affirmative defense of entrapment since no reasonable view of the evidence supported that defense (see Penal Law § 40.05; People v Butts, 72 NY2d 746, 750 [1988]; People v Garcia, 66 AD3d 699 , 700- [2009]).
discussed Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2013 · confidence medium
The Supreme Court properly declined the defendant’s request to charge the jury with the affirmative defense of entrapment since no reasonable view of the evidence supported that defense (see Penal Law § 40.05; People v Butts, 72 NY2d 746, 750 [1988]; People v Garcia, 66 AD3d 699 , 700- [2009]).
discussed Cited as authority (rule) People v. McKenzie
NY · 2012 · confidence medium
In judging whether to accede to a defendant’s request to charge an affirmative defense, a court is bound to view the evidence in the light most favorable to the defendant (People v Butts, 72 NY2d 746, 750 [1988]), an exercise understood to be incompatible with weighing the evidence to resolve competing inferences (see id.).
discussed Cited as authority (rule) People v. Sirico (2×)
NY · 2011 · confidence medium
However, it should be emphasized that in determining whether a theory of defense should be charged, a defendant is entitled to the "most favorable view of the record" ( People v Steele, 26 NY2d 526, 529 [1970]), and a trial court is obligated to charge a theory of defense where it is supported by a reasonable view of the trial evidence ( see People v Butts, 72 NY2d 746, 750 [1988]).
discussed Cited as authority (rule) DeLeon v. Lempke
2d Cir. · 2010 · confidence medium
“The rule is that the jury must be instructed on all claimed defenses which are supported by a reasonable view of the evidence — not by any view of the evidence, however artificial or irrational.” People v. Butts, 72 N.Y.2d 746, 750, 536 N.Y.S.2d 730 , 533 N.E.2d 660 (1988) (emphasis in original).
discussed Cited as authority (rule) People v. Mazarigos
N.Y. App. Div. · 2010 · confidence medium
The trial court properly declined the defendant’s request to charge the jury with the affirmative defense of entrapment since no reasonable view of the evidence supported that defense (see Penal Law § 40.05; People v Butts, 72 NY2d 746, 750 [1988]; People v Garcia, 66 AD3d 699 [2009]; People v Skervin, 17 AD3d 771, 771-772 [2005]).
discussed Cited as authority (rule) People v. Zona
NY · 2010 · confidence medium
In determining whether to instruct a jury on a claimed defense, the court must view the evidence adduced at trial in the light most favorable to the defendant (see People u Butts, 72 NY2d 746, 750 [1988]; People v Steele, 26 NY2d 526, 529 [1970]; see also Mathews v United States, 485 US 58, 63 [1988] [“a defendant is entitled to an instruction as to any recognized defense for which there exists evidence sufficient for a reasonable jury to find in his favor”]).
discussed Cited as authority (rule) People v. Rodriguez
N.Y. App. Div. · 2010 · confidence medium
The extent to which a law requiring a defendant to incriminate himself before putting in a defense might infringe upon constitutional rights guaranteed to the accused need not be addressed because the position advocated by the People is simply not the law. * As stated in People v Butts ( 72 NY2d 746, 748 [1988]), “It is established New York case law that a defendant’s entitlement to a charge on a claimed defense is not defeated solely by reason of its inconsistency with some other defense raised or even with the defendant’s outright denial that he was involved in the crime.” Nor is con…
cited Cited as authority (rule) People v. Farwell
N.Y. App. Term. · 2009 · confidence medium
An intoxication charge should be given where a reasonable view of the evidence would support the defense (People v Butts, 72 NY2d 746, 750 [1988]).
discussed Cited as authority (rule) People v. Garcia
N.Y. App. Div. · 2009 · confidence medium
The trial court properly declined the defendant’s request to charge the jury with the affirmative defense of entrapment since no reasonable view of the evidence supported that defense (see Penal Law § 40.05; People v Butts, 72 NY2d 746, 750 [1988]; People v Santos, 38 AD3d 574, 575 [2007], cert denied 552 US — , 128 S Ct 399 [2007]; People v Skervin, 17 AD3d 771, 771-772 [2005]).
discussed Cited as authority (rule) Bell v. Ercole
S.D.N.Y. · 2009 · confidence medium
Under New York law, “[w]hen determining whether to give a charge on a claimed defense, the trial court must view the evidence in the light most favorable to the defendant” and instruct the jury on the charge “if it is sufficiently supported by the evidence.” People v. Butts, 72 N.Y.2d 746 , 536 N.Y.S.2d 730 , 533 N.E.2d 660, 663 (1988).
discussed Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2008 · confidence medium
Therefore, the trial court did not err in denying his request for such a charge (see People v Butts, 72 NY2d 746, 748-750 [1988]; People v Tucker, 33 AD3d 635 [2006]; People v Caicedo, 234 AD2d 379 [1996]).
discussed Cited as authority (rule) People v. Dolan (2×)
N.Y. App. Div. · 2008 · confidence medium
A defendant is entitled to the benefit of any defense that is supported by a reasonable view of the credible evidence introduced at trial, and failure to charge a jury as to the existence of such a defense, upon request, may well constitute reversible error (see People v Butts, 72 NY2d 746, 750 [1988] ).
cited Cited as authority (rule) People v. Hunt
N.Y. App. Div. · 2008 · confidence medium
Accordingly, County Court did not err in refusing to give the charge (see People v Butts, 72 NY2d 746, 751 [1988]).
discussed Cited as authority (rule) Vega v. Walsh
2d Cir. · 2007 · confidence medium
The defense requires a showing “both that the proscribed conduct was ‘induced or encouraged’ by official activity and that the defendant had no predisposition to engage in such conduct.” People v. Butts, 72 N.Y.2d 746 , 536 N.Y.S.2d 730 , 533 N.E.2d 660, 663 (1988) (quoting N.Y.
discussed Cited as authority (rule) People v. Morson
N.Y. App. Div. · 2007 · confidence medium
The trial court correctly denied the defendant’s request to instruct the jury on the affirmative defense of duress (see Penal Law § 40.00), because even when viewing the evidence in the light most favorable to the defendant, no reasonable view of the evidence supported such a defense (see People v Butts, 72 NY2d 746, 750 [1988]; People v Watts, 57 NY2d 299, 301 [1982]).
discussed Cited as authority (rule) People v. Grady
N.Y. App. Div. · 2007 · confidence medium
Of course, defendant was under no obligation whatsoever to testify and his proffer of inconsistent theories of defense did not disentitle him to a justification charge (see People v Butts, 72 NY2d 746, 750 [1988]; People v Padgett, 60 NY2d 142, 145-146 [1983]).
discussed Cited as authority (rule) People v. Santos
N.Y. App. Div. · 2007 · confidence medium
The trial court properly declined the defendant’s request to charge the jury with the affirmative defense of entrapment since no reasonable view of the evidence supported the defense (see Penal Law § 40.05; People v Butts, 72 NY2d 746, 750 [1988]; People v Skervin, 17 AD3d 771, 772 [2005]).
cited Cited as authority (rule) People v. James
N.Y. App. Div. · 2006 · confidence medium
There was nothing in the testimony of the victim, or of either of the defendants, that would support a theory of forcible theft of services (see People v Butts, 72 NY2d 746, 750 [1988]).
cited Cited as authority (rule) People v. Hamm
N.Y. App. Div. · 2006 · confidence medium
People v Brown, 82 NY2d 869, 870-871 [1993]; People v Butts, 72 NY2d 746, 747-748 [1988]).
discussed Cited as authority (rule) People v. Gentile
N.Y. App. Div. · 2005 · confidence medium
“The rule is that the jury must be instructed on all claimed defenses which are supported by a reasonable view of the evidence—not by any view of the evidence, however artificial or irrational” (People v Butts, 72 NY2d 746, 750 [1988]; see People v Odinga, 143 AD2d 202, 204 [1988], lv denied 73 NY2d 858 [1988]; see also People v McManus, 67 NY2d 541, 549 [1986]; People v Watts, 57 NY2d 299, 301 [1982]).
cited Cited as authority (rule) People v. Skervin
N.Y. App. Div. · 2005 · confidence medium
In considering defendant’s request for such a charge, the evidence must be viewed in the light most favorable to defendant (see People v Brown, supra at 871; People v Butts, 72 NY2d 746, 750 [1988]).
discussed Cited as authority (rule) People v. Storms
N.Y. App. Div. · 2003 · confidence medium
Upon viewing the evidence in the light most favorable to the defendant, the trial court must instruct the jury on a claimed defense if it is supported by a reasonable view of the evidence (see People v Butts, 72 NY2d 746, 750 [1988]; People v Collins, 290 AD2d 457 [2002]).
discussed Cited as authority (rule) People v. Delaney
N.Y. App. Div. · 2003 · confidence medium
Inasmuch as “[m]erely asking a defendant to commit a crime is not such inducement or encouragement as to constitute entrapment” (People v Brown, supra at 872 ), County Court did not err in refusing to give the charge (see People v Butts, 72 NY2d 746, 751 [1988]; People v Abbott, supra at 482-483 ).
The People of the State of New York
v.
Otis Butts
New York Court of Appeals.
Dec 20, 1988.
533 N.E.2d 660
POINTS OF COUNSEL, Martha Krisel and Philip L. Weinstein for appellant., Robert M. Morgenthau, District Attorney (Paul Schectman and Mark Dwyer of counsel), for respondent.
Hancock.
Cited by 152 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 70%
Citer courts: S.D. New York (2)

OPINION OF THE COURT

Hancock, Jr., J.

The dispositive question in this appeal is whether the evi[*748] dence at trial reasonably supported defendant’s request for a jury charge on the affirmative defense of entrapment. The defendant was convicted, after a jury verdict, of making four separate sales of cocaine. The Trial Judge denied defendant’s request for an entrapment charge on the first three sales and granted it as to the last. The Appellate Division, relying on decisions of various Federal Courts of Appeals (see, e.g., United States v Dorta, 783 F2d 1179; United States v Rey, 706 F2d 145; United States v Mayo, 705 F2d 62; Sylvia v United States, 312 F2d 145), affirmed on the ground that defendant’s testimonial denial that he made the first three sales precluded him from pleading the inconsistent entrapment defense as to them. While we reject the rule applied by the court below, we nevertheless affirm for the reasons which follow.

The People presented testimony showing that defendant, a security guard at a public junior high school in Manhattan, made a total of four sales of cocaine to two different undercover officers — each posing as an employee of the Board of Education — during a three-day period in May 1985. Testifying in his own defense, defendant admitted the fourth sale but flatly denied the first three. He claimed that Detective Donawa had asked him to obtain cocaine on five or six separate occasions, that he refused the detective’s request each time but the last, and that he obliged the detective on that occasion but solely as a favor to a friend. Defendant also testified that Officer Lewis, the other undercover officer, had approached him on several occasions but that he denied her request each time.

On this appeal, defendant contends that the trial court’s refusal to give a jury charge on entrapment as to the first three sales was error because, first, a defendant’s denial that he committed a crime does not, without more, preclude a charge on the affirmative defense of entrapment and, second, the evidence presented at the trial was sufficient to support such a charge. We agree with defendant’s first contention only.

It is established New York case law that a defendant’s entitlement to a charge on a claimed defense is not defeated solely by reason of its inconsistency with some other defense raised or even with the defendant’s outright denial that he was involved in the crime (see, People v Padgett, 60 NY2d 142, 146; People v Steele, 26 NY2d 526, 529; cf., People v Asan, 22 NY2d 526, 532; People v Moran, 246 NY 100, 103). We per[*749] ceive no reason why this general rule should not also apply to the affirmative defense of entrapment (see, People v Felder, 32 NY2d 747, affg 39 AD2d 373, 378; Mathews v United States, 485 US —, 108 S Ct 883, 885, 886; People v Demma, 523 F2d 981; cf., People v Perry, 61 NY2d 849; People v Lee, 35 NY2d 826).[1] Thus, we reject the rationale of the Appellate Division that defendant’s testimony that he did not make the first three sales "eliminate^] any justification for an entrapment charge” (131 AD2d, at 250).

We note, moreover, that the rule of the Federal courts, adopted by the court below, categorically precluding an entrapment charge when the defendant denies the crime (see, e.g., United States v Dorta, supra; United States v Rey, supra; United States v Mayo, supra; Sylvia v United States, supra), has recently been rejected by the Supreme Court in Mathews v United States (supra).2 In Mathews, an employee of the Small Business Administration was charged with unlawfully accepting a gratuity when he borrowed money from a participant in the SBA program. The employee admitted receiving the money but denied any criminal intent, claiming that it was a personal loan from a friend and was unrelated to his SBA duties. He was convicted after the trial court refused to charge the affirmative defense of entrapment. The Supreme Court, however, reversed. The court held that "even if the defendant denies one or more elements of the crime, he is entitled to an entrapment instruction whenever there is sufficient evidence from which a reasonable jury” could find in his favor (485 US, at —, 108 S Ct, at 886, supra). That standard, apparently based upon Federal common law (see, Stevenson v United States, 162 US 313 [Peckham, J.]), is the same as that which has been consistently applied by this court.

[*750] When determining whether to give a charge on a claimed defense, the trial court must view the evidence in the light most favorable to the defendant. Upon defendant’s request, the court must instruct the jury on the defense if it is sufficiently supported by the evidence; failure to do so may constitute reversible error (see, People v Watts, 57 NY2d 299, 301; People v Steele, supra, at 529). Also, it is basic that a "jury may accept portions of the defense and prosecution evidence or either of them” (People v Asan, supra, at 530; see also, People v Henderson, 41 NY2d 233, 236). Therefore, inconsistency in claimed defenses or even between a defendant’s testimony and a defense "should not deprive defendant of the requested charge” if the charge would otherwise be warranted by the evidence (People v Padgett, supra, at 146; see also, People v Perry, supra, at 851; People v Steele, supra, at 529).

Hence, in People v Steele (supra), we held that the defendant, charged with assault, was entitled to an instruction on defense of a third person, despite his testimony that he was not even at the scene of the crime (see also, People v Padgett, supra; People v Huntley, 59 NY2d 868; People v Felder, supra). Similarly, in People v Perry (supra), we held that the defendant was entitled to a charge on intoxication, even though his claim of inebriation, negating the requisite criminal intent, was entirely inconsistent with his testimonial denial of the criminal conduct and his insistence that he was fully aware of his actions (accord, People v Lee, supra).

The critical question in those cases, as in the present one, was not whether the claimed defense was consistent with the defendant’s testimony or with other defenses raised, but whether that defense, viewed separately, was supported by the trial evidence. The rule is that the jury must be instructed on all claimed defenses which are supported by a reasonable view of the evidence — not by any view of the evidence, however artificial or irrational (see, People v Watts, 57 NY2d 299, 301, supra). It is on the application of this basic rule that there must be an affirmance here.

Because the record does not contain a sufficient basis for an entrapment charge on the first three sales, the trial court’s refusal to charge was proper. Penal Law § 40.05 requires a showing both that the proscribed conduct was "induced or encouraged” by official activity and that the defendant had no[*751] predisposition to engage in such conduct (see, People v DeGina, 72 NY2d 768, 774-775 [decided today]). Under no reasonable view of the record could the jury find that both requirements were satisfied.

Obviously, defendant’s testimonial denial that the first three sales took place could not support a finding that he was "induced or encouraged” to make them. Furthermore, his testimony contained no reference at all to the three sales, much less an indication of how he was entrapped into making any particular one. Likewise, the testimony of the undercover police officers did not furnish the required proof that defendant had to be persuaded to sell the drugs or that he was not predisposed to do so. Their testimony not only failed to support defendant’s claim that he had been a reluctant seller who finally yielded, but affirmatively showed the very opposite: that he was willing and even eager to make the sales from the substantial inventory of drugs in his locker.

Finally, even selecting from the combined testimony of defendant and the People’s witnesses the proof which best supports defendant’s position, there would still be no rational basis on this record for the entrapment charge. Arguably, the fact finder could use the testimony of the undercover agents to supply the fundamental omission in defendant’s proof — that the three sales which he denied did, in fact, occur. The balance of their testimony, however, would have to be discarded, because it negates any suggestion that they did anything to urge or induce defendant to sell. Arguably, also, defendant’s testimony concerning the agents’ activities — if those activities were somehow related to the three sales or any particular one of them — might be sufficient to satisfy the inducement requirement of the entrapment defense. No matter how the record is cut and spliced, however, it simply contains no proof of a causal connection between those activities and any of the three sales. Defendant’s testimony concerning a general pattern of inducing activities unrelated to particular sales is not enough. Thus, a jury would have to speculate to conclude that the transactions which defendant totally disavows resulted from any specific inducing activities by the undercover agents. Entitlement to a charge on a claimed defense cannot rest on such contrivance and conjecture.

[*752] Accordingly, the order of the Appellate Division should be affirmed.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone and Bellacosa concur.

Order affirmed.

1

There is a fundamental distinction between an ordinary defense and an affirmative defense that should be taken into account in determining whether there was sufficient evidence at trial to raise the defense. Since the People have the burden of disproving an ordinary defense beyond a reasonable doubt, all that is required is evidence of the defense, which if credited, is sufficient to raise a reasonable doubt. In the case of the affirmative defense, however, this threshold requirement is more demanding since the burden is on the defendant to prove the defense by preponderance of the evidence.

2

Indeed, in light of Mathews, the People no longer argue that defendant’s denial of the first three sales constituted an absolute bar to his receiving the charge as to them. It is evident, however, that Mathews is not precisely in point. Unlike defendant in this case, the defendant in Mathews did not deny the entire transaction, but only that he entertained the requisite criminal intent.