PEOPLE v. SMITH


203 A.D.2d 308 (1994)

612 N.Y.S.2d 901

The People of the State of New York, Respondent, v. Linda Smith, Appellant

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

April 4, 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, Queens County, to give the defendant an opportunity to withdraw her plea, and for further proceedings on the indictment.

By postponing the defendant's sentence after her plea of guilty, placing her with a drug treatment program, and promising her that...

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