People v. Johnson

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Harkavy, J.), rendered September 3, 1992, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, to permit the defendant an opportunity to withdraw his plea of guilty, and for further proceedings on the indictment.

By postponing the defendant’s sentence after his plea of guilty, placing him with a drug treatment program, and…