People v. Winters

Judgment unanimously affirmed. Memorandum: When defendant’s plea colloquy revealed the possibility of an agency defense, the court made inquiry and ascertained from defense counsel that she and defendant had discussed this defense in detail and defendant had decided not to pursue it. That inquiry was sufficient to satisfy the court’s responsibility under People v Serrano (15 NY2d 304; see also, People v Lopez, 71 NY2d 662). Moreover, when defense counsel was unable to provide the court with evidence of defendant’s belated assertion that there were three witnesses to the drug sale who could…