Opinion
June 13, 1994
Appeal from the Supreme Court, Kings County (Harkavy, 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 part of a plea agreement, 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. Rodriguez, 202 A.D.2d 698). Accordingly, the defendant must be given an opportunity to withdraw his plea. Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.