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People v. Cass

Appellate Division of the Supreme Court of New York, Second Department
Jun 3, 1996
228 A.D.2d 448 (N.Y. App. Div. 1996)

Opinion

June 3, 1996

Appeal from the Supreme Court, Queens County (Goldstein, J.).


Ordered that the judgments are affirmed.

The court's deferral of sentencing on Indictment No. N12580/92 to allow it to monitor the defendant's rehabilitative progress was not tantamount to illegal "`interim probation'" ( People v Avery, 85 N.Y.2d 503, 505). Moreover, contrary to the defendant's contention, the plea agreement on that indictment, conditioned on the successful completion of a drug treatment program, was not beyond the Supreme Court's authority at the time the instant agreement was negotiated ( see, People v. Avery, supra, at 508). Accordingly, the court did not err in enhancing the defendant's sentence on Indictment No. N12580/92 when he failed to successfully complete the program without offering him the opportunity to withdraw his plea.

We have considered the defendant's remaining contention and find it to be without merit. Bracken, J.P., Miller, Joy, Hart and Krausman, JJ., concur.


Summaries of

People v. Cass

Appellate Division of the Supreme Court of New York, Second Department
Jun 3, 1996
228 A.D.2d 448 (N.Y. App. Div. 1996)
Case details for

People v. Cass

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEE CASS, Also Known…

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

Date published: Jun 3, 1996

Citations

228 A.D.2d 448 (N.Y. App. Div. 1996)
643 N.Y.S.2d 645

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