People v. Avery

OPINION OF THE COURT

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 tantamount to illegal "interim probation” pursuant to People v Rodney E. (77 NY2d 672). We conclude that the plea agreement was not an imposition of "interim probation.”

On March 12, 1992 defendant pleaded…