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1
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OPINION
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EXTRACTED KEY WORDS
RESPONDENT PURSUANT NY2D SMITH JUDGE DAVID ZUCKER REVIEW SUBMISSIONS PURSUANT APPELLATE DIVISION SECOND DEPARTMENT FACTS PURSUANT CPL TRIAL COURT DEFENDANT INTERIM PROBATION POSTPONING PLEA GUILTY PLACING PRIVATE DRUG TREATMENT DRUG TREATMENT PROGRAM AVERY CHIEF JUDGE KAYE JUDGES SIMONS TITONE BELLACOSA LEVINE CIPARICK CONCUR |
THE PEOPLE &C., APPELLANT, v. LORRAINE BROWN, RESPONDENT.
88 N.Y.2d 944, 670 N.E.2d 440, 647 N.Y.S.2d 156 (1996).
July 2, 1996
2 No. 215 SSM 10 (1996 NY Int. 157)
Decided July 2, 1996
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Submitted by Robin A. Forshaw, for Appellant.
Submitted by David G. Zucker, for Respondent.
* * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.4 of the Rules,
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 NY2d 503; People v Smith, 85
NY2d 919). Chief Judge Kaye and Judges Simons, Titone, Bellacosa,
Smith, Levine and Ciparick concur.
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