
    The People of the State of New York, Respondent, v. Roscoe Gaston Granger, Appellant.
   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]).  