THE PEOPLE &C., APPELLANT, v. LINDA SMITH, RESPONDENT.

85 N.Y.2d 919, 650 N.E.2d 409, 626 N.Y.S.2d 751 (1995).
April 4, 1995

2 No. 47 [1995 NY Int. 082]
Decided April 4, 1995

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Robin A. Forshaw, for Appellant.
Elizabeth Sack Felber, for Respondent.

MEMORANDUM:

The order of the Appellate Division should be reversed, and the case remitted to that court for its consideration of the facts pursuant to CPL §§ 470.25(2)(d) and 470.40(2)(b).

The trial court neither exceeded its authority nor placed 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, __ NY2d __, [decided today]).

* * * * * * * * * * * * * * * * *

Order reversed and case remitted to the Appellate Division, Second Department, for further proceedings in accordance with the memorandum herein. Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.

THE PEOPLE &C., APPELLANT, v. LINDA SMITH, RESPONDENT.

85 N.Y.2d 919, 650 N.E.2d 409, 626 N.Y.S.2d 751 (1995). April 4, 1995

85 N.Y.2d 919, 650 N.E.2d 409, 626 N.Y.S.2d 751 (1995).
April 4, 1995