Opinion
July 31, 1995
Appeal from the Supreme Court, Kings County (Koch, J.).
Ordered that the judgment is affirmed.
By postponing the defendant's sentence indefinitely, and requiring him to complete a residential drug treatment program, as part of a plea agreement, the court did not improperly place the defendant on "interim probation" (cf., People v. Rodney E., 77 N.Y.2d 672). The condition of successful completion of the program was within the trial court's authority to oversee and approve plea agreements. Consequently, the defendant was not entitled to withdraw his plea, and his sentence should stand (see, People v. Avery, 85 N.Y.2d 503). Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.