People v. Cass

The court’s deferral of sentencing on Indictment No. N12580/92 to allow it to monitor the defendant’s rehabilitative progress was not tantamount to illegal " 'interim probation’ ” (People v Avery, 85 NY2d 503, 505). Moreover, contrary to the defendant’s contention, the plea agreement on that indictment, conditioned on the successful completion of a drug treatment program, was not beyond the Supreme Court’s authority at the *449time the instant agreement was negotiated (see, People v Avery, supra, at 508). Accordingly, the court did not err in enhancing the defendant’s sentence on Indictment No.…