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People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1993
197 A.D.2d 638 (N.Y. App. Div. 1993)

Opinion

October 18, 1993

Appeal from the Supreme Court, Kings County (Harkavy, J.).


Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, to permit the defendant an opportunity to withdraw his plea of guilty, and for further proceedings on the indictment.

By postponing the defendant's sentence after his plea of guilty, placing him with a drug treatment program, and promising him that it would vacate his plea if the defendant successfully completed the program, the court impermissibly placed the defendant on interim probation. Accordingly, it was improper for the court to impose an increased sentence when the defendant failed to successfully complete the program, without affording him an opportunity to withdraw his plea (see, People v. Rodney E., 77 N.Y.2d 672; People v. Spina, 186 A.D.2d 9). Mangano, P.J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1993
197 A.D.2d 638 (N.Y. App. Div. 1993)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRY JOHNSON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 18, 1993

Citations

197 A.D.2d 638 (N.Y. App. Div. 1993)
602 N.Y.S.2d 678

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