People v. Flihan

Appellate Division of the Supreme Court of New York

People v. Flihan

166 A.D.2d 927, 561 N.Y.S.2d 672, 1990 N.Y. App. Div. LEXIS 12271

Appellate Division of the Supreme Court of the State of New York·Decided October 5, 1990·Published·Cited by 1 cases

Opinion

Judgment unanimously reversed on the law, plea vacated and matter remitted to Oneida County Court for further proceedings on the indictment. Memorandum: Because the statements made by defendant during the plea colloquy are consistent with an agency defense, the court should have advised defendant of a possible agency defense before it accepted defendant’s plea of guilty to criminal sale of a controlled substance. (Appeal from judgment of Oneida County Court, Buckley, J.—criminal sale of controlled substance, third degree.) Present—Doerr, J. P., Denman, Boomer, Pine and Lawton, JJ.

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Judgment unanimously reversed on the law, plea vacated and matter remitted to Oneida County Court for further proceedings on the indictment. Memorandum: Because the statements made by defendant during the plea colloquy are consistent with an agency defense, the court should have advised defendant of a possible agency defense before it accepted defendant’s plea of guilty to criminal sale of a controlled substance. (Appeal from judgment of Oneida County Court, Buckley, J.—criminal sale of controlled substance, third degree.) Present—Doerr, J. P., Denman, Boomer, Pine and Lawton, JJ.

People v. Flihan, 166 A.D.2d 927, 561 N.Y.S.2d 672, 1990 N.Y. App. Div. LEXIS 12271 (N.Y. Ct. App. 1990).

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Opinion

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