Opinion
November 14, 1994
Appeal from the Supreme Court, Kings County (Kramer, J.).
Ordered that the judgments are modified, on the law, by vacating the sentences imposed; as so modified, the judgments are affirmed, and the matters are remitted to the Supreme Court, Kings County, to give the defendant an opportunity to withdraw his pleas of guilty.
The court improperly agreed to place the defendant on interim probation by postponing his sentences to allow him to enter a drug treatment program, and promising him that it would vacate his pleas of guilty 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. Rodriguez, 202 A.D.2d 698). We note that the recent amendment permitting interim probation was not intended to have retroactive effect (L 1994, ch 509; People v. Broadhead, 208 A.D.2d 761).
In light of our determination, we need not reach the remaining contention raised in the appellant's supplemental pro se brief. Bracken, J.P., Miller, Lawrence and Santucci, JJ., concur.