Legal Opinion
People v. Mobley
Appellate Division of the Supreme Court of the State of New York
Decided December 1, 2009PublishedCited by 3 opinions
1Opinion of the Court
In order to be valid, a plea of guilty must be knowing, voluntary, and intelligent (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]). Here, although the defendant’s plea allocution clearly implicated an agency defense, the defendant was not advised that he had a possible defense to the charges (see People v Ortega, 53 AD3d 696, 696-697 [2008]; People v Wolcott, 27 AD3d 774, 775 [2006]), and he was never asked whether he had discussed possible defenses with his attorney (cf. People v Phillips, 28 AD3d 939, 940 [2006]). Indeed, the court made no further inquiries into the facts and…
2Cases cited5 opinions
- People v. FiumefreddoNew York Court of Appeals · 1993
- People v. PhillipsAppellate Division of the Supreme Court of the State of New York · 2006
- People v. WolcottAppellate Division of the Supreme Court of the State of New York · 2006
- People v. OrtegaAppellate Division of the Supreme Court of the State of New York · 2008
- People v. RhodesAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by3 opinions
- People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 2010
- People v. KinneyAppellate Division of the Supreme Court of the State of New York · 2012
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 2018