Appellate Division of the Supreme Court of New York, 1990

People v. Flihan

People v. Flihan
Appellate Division of the Supreme Court of New York · Decided October 5, 1990
166 A.D.2d 927; 561 N.Y.S.2d 672; 1990 N.Y. App. Div. LEXIS 12271
People v. Flihan

Opinion of the Court

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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