Judgment unanimously reversed as a matter of discretion in the interest of justice and new trial granted.
Memorandum:
County Court erred in denying defendant's Sandoval motion with respect to a prior forgery conviction on the ground that defendant "waived" or "forfeited" that motion by asserting an agency defense. The record establishes that defendant never asserted an agency defense. In any event, that defense has no application to the crimes of criminal...
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