PEOPLE v. KALINOSKI


208 A.D.2d 864 (1994)

618 N.Y.S.2d 56

The People of the State of New York, Respondent, v. John Kalinoski, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 24, 1994


Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, to permit the defendant an opportunity to withdraw his plea of guilty.

As the People correctly concede, the Supreme Court improperly placed the defendant on interim probation by postponing his sentence, placing him with a drug treatment program, and promising him that it would...

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