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PEOPLE v. MOBLEY

2007-10094

68 A.D.3d 786 (2009)

2009 NY Slip Op 9047

888 N.Y.S.2d 898

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REGINALD MOBLEY, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 1, 2009.

Ordered that the judgment is reversed, on the law, the plea is vacated, and the matter is remitted 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 (see People v Fiumefreddo, 82 N.Y.2d 536, 543 [1993]). Here, although the defendant's plea allocution clearly implicated an agency defense, the defendant was not advised...

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