People v. Kalinoski

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered December 4, 1992, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

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, Kings County, to permit the defendant an opportunity to withdraw his plea of guilty.

As the People correctly concede, the Supreme Court improperly placed the defendant on interim…