Judgment of the County Court, Suffolk County, rendered December 9, 1966, affirmed. No opinion.
Beldock, P.J., Brennan, Rabin and Hopkins, JJ., concur; Benjamin, J., dissents and votes to reverse the judgment and grant a new trial, with the following memorandum:
On the proof in this case, the jury could have found that a "special employee" of the police department improperly entrapped defendant into making a sale of marijuana. Hence, the trial court's refusal to charge the jury on the defense of entrapment was reversible error (see, People v. Williams, 38 Misc.2d 80; cf. Penal Law, § 35.40 [eff. Sept. 1, 1967]).