Opinion
March 28, 1994
Appeal from the Supreme Court, Kings County (Moskowitz, J.).
Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, to give the defendant an opportunity to withdraw his plea.
As the People correctly concede, the court improperly placed the defendant on interim probation by postponing his sentence to allow him to enter an employment program and by promising him that he would receive youthful offender treatment if he successfully completed the program (see, People v. Rodney E., 77 N.Y.2d 672; People v. Johnson, 197 A.D.2d 638). Bracken, J.P., Miller, Santucci and Altman, JJ., concur.