Opinion
October 5, 1990
Appeal from the Oneida County Court, Buckley, J.
Present — Doerr, J.P., Denman, Boomer, Pine and Lawton, JJ.
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.