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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Jul 3, 1995
217 A.D.2d 565 (N.Y. App. Div. 1995)

Opinion

July 3, 1995

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


Ordered that the judgment is affirmed.

As the Court of Appeals has indicated, the trial court neither exceeded its authority nor placed the defendant on illegal "interim probation" by postponing the defendant's sentence after her plea of guilty and placing her with a private drug treatment program ( see, People v. Smith, 85 N.Y.2d 919, supra; see also, People v. Avery, 85 N.Y.2d 503).

Upon our review of the facts, we reject the defendant's additional contention that the sentence imposed was excessive ( see, People v. Suitte, 90 A.D.2d 80). No other questions of fact have been raised or considered. Bracken, J.P., Miller, Copertino, Santucci and Altman, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Jul 3, 1995
217 A.D.2d 565 (N.Y. App. Div. 1995)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LINDA SMITH, Appellant

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

Date published: Jul 3, 1995

Citations

217 A.D.2d 565 (N.Y. App. Div. 1995)
628 N.Y.S.2d 588

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