THE PEOPLE &C., APPELLANT, v. LORRAINE BROWN, RESPONDENT.
88 N.Y.2d 944, 670 N.E.2d 440, 647 N.Y.S.2d 156 (1996).
2 No. 215 SSM 10 [1996 NY Int. 157]
July 2, 1996
Decided July 2, 1996
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
Submitted by Robin A. Forshaw, for Appellant.
Submitted by David G. Zucker, for Respondent.
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On review of submissions pursuant to section 500.4 of the Rules, order reversed and case remitted to the Appellate Division, Second Department, for consideration of the facts pursuant to CPL 470.25(2)(d) and 470.40(2)(b). The trial court did not place defendant on illegal "interim probation" by postponing defendant's sentence after her plea of guilty and placing her with a private drug treatment program (see, People v Avery, 85 NY2d 503; People v Smith, 85 NY2d 919). Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.