| People v Mobley |
| 2009 NY Slip Op 09047 [68 AD3d 786] |
| December 1, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Reginald Mobley, Appellant. |
—[*1] Francis D. Phillips II, District Attorney, Goshen, N.Y. (Elizabeth L. Guinup and Andrew R.Kass of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County (Freehill, J.),rendered October 4, 2007, convicting him of criminal sale of a controlled substance in the thirddegree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is reversed, on the law, the plea is vacated, and the matter isremitted to the County Court, Orange County, for further proceedings on the indictment.
In order to be valid, a plea of guilty must be knowing, voluntary, and intelligent (seePeople v Fiumefreddo, 82 NY2d 536, 543 [1993]). Here, although the defendant's pleaallocution clearly implicated an agency defense, the defendant was not advised that he had apossible defense to the charges (seePeople v Ortega, 53 AD3d 696, 696-697 [2008]; People v Wolcott, 27 AD3d 774, 775 [2006]), and he was neverasked whether he had discussed possible defenses with his attorney (cf. People v Phillips, 28 AD3d939, 940 [2006]). Indeed, the court made no further inquiries into the facts andcircumstances despite the defendant's statements which raised the possibility of an agencydefense. Under these circumstances, the defendant's plea of guilty was not knowing, voluntary,and intelligent (see People vRhodes, 62 AD3d 815 [2009]). Rivera, J.P., Covello, Angiolillo, Leventhal and Roman,JJ., concur.