People v. Cass
| Decision Date | 03 June 1996 |
| Court | New York Supreme Court — Appellate Division |
| Parties | The PEOPLE, etc., respondent, v. Lee CASS a/k/a Clarence Myles, appellant. |
Feldman and Feldman, Hauppauge (Arza Rayches Feldman, of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens (Steven J. Chananie and Robin A. Forshaw, of counsel; Lorrie A. Zinno on the brief), for respondent.
Before BRACKEN, J.P., and MILLER, JOY, HART and KRAUSMAN, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from two judgments of the Supreme Court, Queens County (Goldstein, J.), both rendered November 29, 1994, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree under Indictment No. N12580/92 and of attempted robbery in the first degree under Indictment No. 4257/94, upon his pleas of guilty, and imposing sentences.
ORDERED that the judgments are affirmed.
The court's deferral of sentencing on Indictment No. N12580/92 to allow it to monitor the defendant's rehabilitative progress was not tantamount to illegal "interim probation" (see, People v. Avery, 85 N.Y.2d 503, 505, 626 N.Y.S.2d 726, 650 N.E.2d 384). Moreover, contrary to the defendant's contention, the plea agreement on that indictment, conditioned on the successful completion of a drug treatment program, was not beyond the Supreme Court's authority at the time the instant agreement was negotiated (see, People v. Avery supra, at 508, 626 N.Y.S.2d 726, 650 N.E.2d 384). Accordingly, the court did not err in enhancing the defendant's sentence on Indictment No. N12580/92 when he failed to successfully complete the program without offering him the opportunity to withdraw his plea.
We have considered the defendant's remaining contention and find it to be without merit.
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