Opinion
February 6, 1995
Appeal from the Supreme Court, Kings County (Feinberg, J.).
Ordered that the sentence is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, to permit the defendant an opportunity to withdraw his plea of guilty and, in the event he does so, for further proceedings on the indictment or, in the event he does not, for resentencing.
After accepting his plea of guilty, the trial court directed that the defendant be placed with the "Court Employment Project", and that he return to court after one year for "appropriate sentencing". By postponing the defendant's sentence in this manner, the court impermissibly placed the defendant on interim probation (see, People v. Johnson, 197 A.D.2d 638). It was also improper for the court to impose an enhanced sentence when the defendant failed to successfully comply with the conditions of the interim probation without giving him the opportunity to withdraw his plea (see, People v. Rodney E., 77 N.Y.2d 672; People v. Johnson, supra). Mangano, P.J., Balletta, Ritter, Santucci and Goldstein, JJ., concur.