People v. Mojica

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Harkavy, J.), rendered August 3, 1993, 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 give the defendant an opportunity to withdraw his plea.

As part of a plea agreement, the court improperly agreed to place the defendant on interim probation by…