PEOPLE v. SIMOLACAJ

Ordered that the judgment is affirmed, and the case is remitted to the County Court, Westchester County, for further proceedings pursuant to CPL 460.50 (5).

We find no error with respect to the trial court's rulings on the issue of entrapment. In light of the evidence that the defendant was predisposed to commit this crime, the court's refusal to charge the jury on the defense of entrapment was not error (see, People v Alwadish, 67 N.Y.2d 973).

We find that the sentence imposed was not excessive.

We have reviewed the defendant's remaining contention and find it to be without merit. Thompson, J.P., Kunzeman, Spatt and Balletta, JJ., concur.