| People v Green |
| 2007 NY Slip Op 09243 [45 AD3d 780] |
| November 20, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Tashia Green, Also Known as Kim Brown,Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen ofcounsel; Vanessa Andre on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gubbay, J.),rendered June 28, 2006, convicting her of criminal sale of a controlled substance in the thirddegree, upon her plea of guilty, and imposing sentence.
Ordered that the judgment is reversed, on the facts and as a matter of discretion in the interestof justice, and the matter is remitted to the Supreme Court, Kings County, for further proceedingsin accordance herewith.
The defendant entered into a plea agreement conditioned on her successful completion of adrug treatment program. The defendant was sentenced to imprisonment after the court concludedthat she breached that condition. However, the Supreme Court failed to conduct an inquirysufficient to assure that there was a legitimate basis for the defendant's discharge from her drugtreatment program and that the information upon which it based the sentence was reliable andaccurate (see People v Outley, 80 NY2d 702 [1993]; People v Rivera, 32 AD3d 446 [2006]). Thus, the matter must beremitted to the Supreme Court, Kings County, for a new inquiry and determination regarding thedefendant's discharge from the program, and for resentencing thereafter. Spolzino, J.P.,Krausman, Carni and Dickerson, JJ., concur.