Opinion
April 25, 1994
Appeal from the Supreme Court, Kings County (Moskowitz, J.).
Ordered that the judgment is reversed, on the law, the plea is vacated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on the indictment.
As the People correctly concede, as part of a plea bargain, the court improperly agreed to place the defendant on interim probation by postponing his sentence to allow him to enter a drug treatment program, and promising him that it would vacate his guilty plea if he successfully completed the program (see, People v Rodney E., 77 N.Y.2d 672; People v Johnson, 197 A.D.2d 638; People v Beigelman, 202 A.D.2d 602). Sullivan, J.P., Lawrence, Pizzuto, Joy and Goldstein, JJ., concur.