Opinion
Decided July 2, 1996
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, James E. Robinson, J.
Richard A. Brown, District Attorney of Queens County, Kew Gardens (Robin A. Forshaw of counsel), for appellant.
Schwed Zucker, Kew Gardens (David G. Zucker of counsel), for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed and case remitted to the Appellate Division, Second Department, for consideration of the facts pursuant to CPL 470.25 (2) (d) and 470.40 (2) (b). The trial court did not place defendant on illegal "interim probation" by postponing defendant's sentence after her plea of guilty and placing her with a private drug treatment program (see, People v Avery, 85 N.Y.2d 503; People v Smith, 85 N.Y.2d 919).
Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK.