People v. Smith

—Appeal by the defen*309dant from a judgment of the Supreme Court, Queens County (Orgera, J.), rendered April 6, 1993, convicting her of attempted criminal possession of a controlled substance in the third degree, upon her 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, Queens County, to give the defendant an opportunity to withdraw her plea, and for further proceedings on the indictment.

By postponing the defendant’s sentence after…