PEOPLE v. AVERY


85 N.Y.2d 503 (1995)

650 N.E.2d 384

626 N.Y.S.2d 726

The People of the State of New York, Respondent, v. Roosevelt Avery, Also Known as Russell Anthony, Appellant.

Court of Appeals of the State of New York.

Decided April 4, 1995.


Attorney(s) appearing for the Case

Carol Novack, New York City, for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Polly Greenberg and Norman Barclay of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.


CIPARICK, J.

The general issue on this appeal concerns the legality of a plea agreement which offered defendant a favorable sentence conditioned on his first entering and successfully completing a private drug rehabilitation program. More specifically, we must determine whether the deferral of sentencing to allow the court to monitor defendant's rehabilitative progress is

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