People v. Avery, 650 N.E.2d 384 (NY 1995). · Go Syfert
People v. Avery, 650 N.E.2d 384 (NY 1995). Cases Citing This Book View Copy Cite
121 citation events (80 in the last 25 years) across 7 distinct courts.
Strongest positive: People v. Flesch (ny, 2026-05-26)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Flesch (2×)
NY · 2026 · confidence medium
Of course, a sentencing court's ultimate responsibility is to impose an appropriate sentence based on the defendant's particular circumstances ( see People v Hicks , 98 NY2d 185, 188 [2002]; People v Farrar , 52 NY2d 302, 305, 307 [1981]; People v Avery , 85 NY2d 503, 506-507 [1995]).
discussed Cited as authority (rule) People v. N.H. (2×)
NY · 2026 · confidence medium
Thus, we have held that a defendant may only waive a guaranteed right "when there is no constitutional or statutory mandate and no public policy prohibiting [waiver]" (<i>id.</i>).</p> <p>"Conditions imposed as part of a plea arrangement are valid if the parties agree to them and they do not violate any statute or contravene public policy" (<i>People v Avery</i>, 85 NY2d 503, 507 [1995], citing <i>Seaberg</i>, 74 NY2d at 7 ; <i>see</i> <i>People v Hansen</i>, 95 NY2d 227, 230 [2000]; <i>People v Allen</i>, 86 NY2d 599, 602 [1995]).
cited Cited as authority (rule) People v. Sabb
NY · 2026 · confidence medium
People v Bradshaw , 18 NY3d 257, 264 [2011]; People v Avery , 85 NY2d 503, 506 [1995]).
discussed Cited as authority (rule) People v. Davis (2×)
N.Y. App. Div. · 2025 · confidence medium
Thus, defendant's sentence of incarceration resulted from a violation of his lawful term of probation and was not improperly based on any "violation of conditions the court was not authorized to impose" ( People v Avery , 85 NY2d 503, 506 [1995]; see also Rodney E. , 77 NY2d at 676 ; People v Vega , 105 AD3d 582 , 583 [1st Dept 2013], lv denied 21 NY3d 1077 [2013]).
discussed Cited as authority (rule) People v. Hyer
N.Y. App. Div. · 2024 · confidence medium
Probation condition No. 10 was within the sentencing court's "considerable latitude" ( People v Romanelli , 188 AD3d at 1355 ) in that it merely directed that defendant comply with directives by her probation officer that were "reasonably related to her rehabilitation and compliance with probation." Importantly, defendant agreed to this condition as part of her plea bargain and treatment court contract that afforded her a probationary sentence upon the understanding that she would successfully engage in and complete treatment court, and "[c]onditions imposed as part of a plea arrangement are v…
discussed Cited as authority (rule) People v. Hyer
N.Y. App. Div. · 2024 · confidence medium
Probation condition No. 10 was within the sentencing court's "considerable latitude" ( People v Romanelli , 188 AD3d at 1355 ) in that it merely directed that defendant comply with directives by her probation officer that were "reasonably related to her rehabilitation and compliance with probation." Importantly, defendant agreed to this condition as part of her plea bargain and treatment court contract that afforded her a probationary sentence upon the understanding that she would successfully engage in and complete treatment court, and "[c]onditions imposed as part of a plea arrangement are v…
discussed Cited as authority (rule) The People v. Mamadou Ba
NY · 2023 · confidence medium
“Plea and sentence negotiation further important policy considerations, conserving law enforcement, judicial and penal resources, and permitting the parties to avoid the uncertainties inherent in the lengthy process of charge, trial, sentence and appeals, thereby ‘starting the offender on the road to possible rehabilitation’ as soon as practicable” (People v Avery, 85 NY2d 503, 506 [1995]).
examined Cited as authority (rule) The People v. Baasil Reynolds (6×)
unknown court · 2016 · confidence medium
Contrary to the dissent's view, defendant's case is procedurally distinguishable from People v Avery ( 85 NY2d 503, 504 [1995]) and People v Rodney E. ( 77 NY2d 672, 673 [1991])(dissenting op., at 3) in an important respect.
discussed Cited as authority (rule) Constant v. Martuscello
E.D.N.Y · 2015 · confidence medium
But the New York Court of Appeals has definitively held that “some judicial discretion in overseeing and approving plea bargains, including the imposition of conditions, is desirable.” People v. Avery, 85 N.Y.2d 503 , 626 N.Y.S.2d 726 , 650 N.E.2d 384, 386 (1995) (“[P]lea negotiations serve the ends of justice, enabling courts to impose individualized sentences— The determination of an appropriate sentence requires the exercise of discretion after due consideration given to, among other things, the crime charged, the particular circumstances of the individual before the court and the p…
discussed Cited as authority (rule) People v. Hall
N.Y. App. Div. · 2015 · confidence medium
In the typical conditional sentence situation, the terms or conditions must be satisfied during a time of adjournment before sentencing is pronounced (see People v Avery, 85 NY2d 503, 507 [1995] [examples of conditional sentences cited therein]).
discussed Cited as authority (rule) People v. Morales
N.Y. App. Div. · 2014 · confidence medium
In any event, the record demonstrates that, after the defendant entered his plea, the Supreme Court expressly warned the defendant that if he did not comply with certain conditions, including the condition that he not get arrested on a new charge, the court would no longer be bound by its sentencing promise, and could impose a “harsher sentence.” Since the defendant was arrested on an unrelated charge after the plea proceeding, the court was authorized to impose an appropriate enhanced sentence (see People v Hicks, 98 NY2d 185, 188-189 [2002]; People v Figgins, 87 NY2d 840, 841 [1995]; Peo…
cited Cited as authority (rule) People v. Villnave
N.Y. App. Div. · 2014 · confidence medium
In any event, County Court retained “discretion in overseeing and approving [the] plea bargain[ ], including the imposition of conditions” (People v Avery, 85 NY2d 503, 507 [1995]).
cited Cited as authority (rule) People v. Villnave
N.Y. App. Div. · 2014 · confidence medium
In any event, County Court retained “discretion in overseeing and approving [the] plea bargain[ ], including the imposition of conditions” (People v Avery, 85 NY2d 503, 507 [1995]).
discussed Cited as authority (rule) People v. Rudolph
NY · 2013 · confidence medium
“Plea and sentence negotiation further important policy considerations, conserving law enforcement, judicial and penal resources, and permitting the parties to avoid the uncertainties inherent in the lengthy process of charge, trial, sentence and appeals, thereby ‘starting the offender on the road to possible rehabilitation’ as soon as practicable” (People v Avery, 85 NY2d 503, 506 [1995], quoting People v Selikoff, 35 NY2d 227, 233 [1974], cert denied 419 US 1122 [1975]).
discussed Cited as authority (rule) People v. Vega
N.Y. App. Div. · 2013 · confidence medium
That argument is without merit, for each of the reasons stated by the motion court: (1) defendant is procedurally barred from challenging his adjudication as a second violent felony offender (see CPL 400.15 [8]); (2) the record is unclear whether defendant was actually placed on interim probation in connection with his 1983 conviction; (3) even assuming that to be the case, the record does not establish that defendant’s 1983 sentence was unlawfully enhanced on the basis of his behavior while on interim probation (see People v Avery, 85 NY2d 503, 506 [1995]); and (4) even assuming there was a…
discussed Cited as authority (rule) People v. Vega
N.Y. App. Div. · 2013 · confidence medium
That argument is without merit, for each of the reasons stated by the motion court: (1) defendant is procedurally barred from challenging his adjudication as a second violent felony offender (see CPL 400.15 [8]); (2) the record is unclear whether defendant was actually placed on interim probation in connection with his 1983 conviction; (3) even assuming that to be the case, the record does not establish that defendant’s 1983 sentence was unlawfully enhanced on the basis of his behavior while on interim probation (see People v Avery, 85 NY2d 503, 506 [1995]); and (4) even assuming there was a…
discussed Cited as authority (rule) People v. McDevitt
N.Y. App. Div. · 2012 · confidence medium
Thus, the issue in December 2010 was not whether defendant had committed a new probation violation, but instead merely whether he had failed to adhere to the conditions of his plea agreement by being discharged from Day Top — and the condition that he successfully complete this drug treatment program prior to sentencing was clearly within the trial court’s authority (see CPL 400.10 [4]; People v Avery, 85 NY2d 503, 507-508 [1995]).
discussed Cited as authority (rule) People v. McDevitt
N.Y. App. Div. · 2012 · confidence medium
Thus, the issue in December 2010 was not whether defendant had committed a new probation violation, but instead merely whether he had failed to adhere to the conditions of his plea agreement by being discharged from Day Top — and the condition that he successfully complete this drug treatment program prior to sentencing was clearly within the trial court’s authority (see CPL 400.10 [4]; People v Avery, 85 NY2d 503, 507-508 [1995]).
cited Cited as authority (rule) People v. Anonymous
N.Y. App. Div. · 2012 · confidence medium
People v Avery, 85 NY2d 503, 506-507 [1995]; Selikoff, 35 NY2d at 233 ).
discussed Cited as authority (rule) People v. Timberlake
N.Y. App. Div. · 2011 · confidence medium
In any event, the defendant’s contentions are without merit (see People v Avery, 85 NY2d 503, 507 [1995]; People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Lewis, 73 AD3d 1212 [2010]; People v Armstead, 48 AD3d 694, 695 [2008]).
examined Cited as authority (rule) People v. Jenkins (4×)
NY · 2008 · confidence medium
As for defendant's contention that the court could not add additional family counseling, while it is impermissible for a trial court to impose additional conditions on a defendant after pleading guilty ( see People v Avery, 85 NY2d 503, 507 [1995], citing People v Farrar, 52 NY2d 302, 306-307 [1981]), here, no such *289 additional conditions were imposed.
discussed Cited as authority (rule) People v. Almestica
N.Y. App. Div. · 2007 · confidence medium
Were we to reach this claim, we would find that the court properly imposed sentence after defendant failed to complete the drug treatment program required by the agreement (see People v Avery, 85 NY2d 503, 507-508 [1995]), and that at the time of the plea the court unambiguously warned her of the consequences of such failure.
examined Cited as authority (rule) People v. Jenkins (3×) also: Cited "see"
N.Y. App. Div. · 2007 · confidence medium
Plea agreements should be “tailored to the particular circumstances of the defendant’s case” (People v Avery, 85 NY2d 503, 507 [1995]), which is what Supreme Court, the People, and defendant, attempted to do in February 2002.
cited Cited as authority (rule) People v. Terrell
N.Y. App. Div. · 2007 · confidence medium
Conditions agreed upon as part of a plea bargain are enforceable so long as they do not violate statutory provisions or public policy (see People v Avery, 85 NY2d 503, 507 [1995]).
discussed Cited as authority (rule) People v. Milner
N.Y. App. Div. · 2006 · confidence medium
Significantly, “[c]onditions imposed as part of a plea arrangement are valid if the parties agree to them and they do not violate any statute or contravene public policy” (People v Avery, 85 NY2d 503, 507 [1995]).
discussed Cited as authority (rule) People v. Morales
N.Y. App. Div. · 2005 · confidence medium
Were we to review this claim, we would find that the enhanced sentence was proper since it was sufficiently established that defendant violated his plea agreement by failing to appear for a court appearance and failing to participate in the required drug program (see People v Avery, 85 NY2d 503, 507-508 [1995]).
discussed Cited as authority (rule) People v. Torres
N.Y. App. Div. · 2005 · confidence medium
The court properly exercised its discretion in imposing the prison sentence provided for in defendant’s plea agreement since, despite two separate opportunities, defendant failed to complete a drug program as required by the agreement (see People v Avery, 85 NY2d 503, 507-508 [1995]).
discussed Cited as authority (rule) People v. Juckett
N.Y. App. Div. · 2005 · confidence medium
Accordingly, County Court properly imposed the agreed-upon term of incarceration after defendant failed to complete the Treatment Court program, which was a condition of the plea agreement (see People v Avery, 85 NY2d 503, 505-508 [1995]; People v Smith, 309 AD2d 599 [2003], lv denied 1 NY3d 601 [2004]; People v Alamo, 302 AD2d 332 [2003], lv denied 100 NY2d 559 [2003]).
discussed Cited as authority (rule) People v. Yarborough
N.Y. App. Div. · 2004 · confidence medium
Since defendant failed to satisfy the requirement to complete a drug program successfully, he did not qualify for further leniency under the terms of his plea bargain (see People v Avery, 85 NY2d 503, 507-508 [1995]).
discussed Cited as authority (rule) People v. Torres
N.Y. App. Div. · 2003 · confidence medium
Defendant was properly sentenced to a term of incarceration where he failed to comply with the terms of his plea agreement providing for dismissal of the indictment upon successful completion of a drug program (see People v Avery, 85 NY2d 503, 507-508 [1995]).
discussed Cited as authority (rule) People v. Alamo
N.Y. App. Div. · 2003 · confidence medium
The court properly imposed the bargained-for alternative prison sentence upon defendant’s failure to complete a drug rehabilitation program, a condition of his plea bargain (see People v Avery, 85 NY2d 503, 507-508 [1995]).
cited Cited as authority (rule) People v. Hicks
NY · 2002 · confidence medium
(People v Avery, 85 NY2d 503, 507 [1995]).
discussed Cited as authority (rule) People v. Cary
N.Y. App. Div. · 1999 · confidence medium
Were we to review the claim, we would find that sentence was properly imposed since defendant failed to complete the drug program, a condition of the plea bargain (see, People v Avery, 85 NY2d 503, 507-508).
discussed Cited as authority (rule) People v. Cass
N.Y. App. Div. · 1996 · confidence medium
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 time the instant agreement was negotiated (see, People v Avery, supra, at 508).
discussed Cited "see" People v. Hudson (2×)
N.Y. App. Div. · 2024 · signal: see · confidence high
Plea negotiating is well established as "a vital part of our criminal justice system" ( People v Seaberg , 74 NY2d 1, 7 ; see People v Avery , 85 NY2d 503, 506 ) and "includes 'the surrender of many guaranteed rights'" ( People v Pacherille , 25 NY3d 1021, 1023 , quoting People v Seaberg , 74 NY2d at 7 ).
discussed Cited "see" Matter of Hussain v. Lynch
N.Y. App. Div. · 2023 · signal: see · confidence high
Plea bargaining "enables the parties to avoid the delay and uncertainties of trial and appeal and permits swift and certain punishment of law violators with sentences tailored to the circumstances of the case at hand" ( People v Allen , 86 NY2d 599, 602 [1995] [internal quotation marks and citation omitted]; see People v Avery , 85 NY2d 503, 506-507 [1995]).
examined Cited "see" Keenan Reed-Kaliher v. State of Arizona (4×)
Ariz. Ct. App. · 2014 · signal: accord · confidence high
See State v. Rutherford, 154 Ariz. 486 , 489 n.1, 744 P.2d 13 , 16 n.1 (App. 1987); State v. Smith, 129 Ariz. 28, 30 , 628 P.2d 65, 67 (App. 1981); accord People v. Avery, 650 N.E.2d 384, 386 (N.Y. 1995); State v. Brown, 326 S.E.2d 410, 411 (S.C. 1985) (per curiam); State v. Barnett, 3 A.2d 521, 526 (Vt. 1939).
discussed Cited "see" People v. Andrews
N.Y. App. Div. · 2009 · signal: see · confidence high
We conclude, however, that the court properly sentenced defendant based upon the undisputed fact that he did not successfully complete the Drug Court program (see People v Woods, 192 Misc 2d 590, 592 [2002]; see generally People v Avery, 85 NY2d 503, 507 [1995]).
discussed Cited "see" People v. Griffith
N.Y. App. Div. · 1997 · signal: accord · confidence high
"The determination of an appropriate sentence requires the exercise of discretion after due consideration given to, among other things, the crime charged, the particular circumstances of the individual before the court and the purpose of a penal sanction” (People v Farrar, 52 NY2d 302, 305 ; accord, People v Avery, supra, at 506-507).
discussed Cited "see, e.g." People v. Mikalonis
N.Y. App. Div. · 2022 · signal: see also · confidence medium
Given that it was ultimately the sentencing court's responsibility to determine an appropriate sentence in the exercise of [*2]its discretion, considering all of the relevant circumstances ( see People v Farrar , 52 NY2d 302, 305-306 [1981]; see also People v Avery , 85 NY2d 503, 506-507 [1995]; People v Seaberg , 74 NY2d 1, 8 [1989]), it cannot be said that the court exceeded its authority or abused its discretion.
discussed Cited "see, e.g." The People v. Victor Thomas , The People v. Nicole L. Green , The People v. Storm U. Lang
NY · 2019 · signal: see also · confidence medium
We therefore counsel against judicial upending of the bargain reached at the conclusion of the parties’ negotiations (Oppenheimer & Co. v Oppenheim, Appel, Dixon & Co., 86 NY2d 685, 695 [1995]), opting instead to enforce the terms of the parties’ negotiated agreement (Seaberg, 74 NY2d at 10 ; see also People v Avery, 85 NY2d 503, 507 [“Conditions imposed as part of a plea arrangement are valid if the parties agree to them and they do not violate any statute or contravene public policy”]). “[B]argains fairly made,” we stressed, “should signal an end to litigation, not a beginning�…
discussed Cited "see, e.g." People v. Smith
N.Y. App. Div. · 1995 · signal: see also · confidence low
As the Court of Appeals has indicated, the trial court neither exceeded its authority nor placed the defendant on illegal "interim probation” by postponing the defendant’s sentence after her plea of guilty and placing her with a private drug treatment program (see, People v Smith, 85 NY2d 919 , supra; see also, People v Avery, 85 NY2d 503 ).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Roosevelt Avery, Also Known as Russell Anthony, Appellant
New York Court of Appeals.
Apr 4, 1995.
650 N.E.2d 384
POINTS OF COUNSEL, Carol Novack, New York City, for appellant., Robert M. Morgenthau, District Attorney of New York County, New York City (Polly Greenberg and Norman Barclay of counsel), for respondent.
Ciparick.
Cited by 85 opinions  |  Published

OPINION OF THE COURT

Ciparick, J.

The general issue on this appeal concerns the legality of a plea agreement which offered defendant a favorable sentence conditioned on his first entering and successfully completing a private drug rehabilitation program. More specifically, we must determine whether the deferral of sentencing to allow the court to monitor defendant’s rehabilitative progress is[*505] tantamount to illegal "interim probation” pursuant to People v Rodney E. (77 NY2d 672). We conclude that the plea agreement was not an imposition of "interim probation.”

On March 12, 1992 defendant pleaded guilty to felony counts of two separate indictments, charging criminal sale and criminal possession of a controlled substance. Under the terms of the plea agreement, Supreme Court promised to delay imposition of sentence to allow defendant to enter the Fortune Society Drug Rehabilitation Program. Furthermore, if defendant successfully completed the program, the felony pleas would be vacated and he would be permitted to plead guilty to a lesser charge; if he failed, he would receive sentences of imprisonment on each indictment to run concurrently. Defendant did not successfully complete the Fortune Society program and on September 17, 1992 he was sentenced accordingly.

On appeal, defendant challenged the trial court’s authority to unlawfully condition and defer his sentencing. The Appellate Division declined to review the issue of Supreme Court’s failure to afford defendant the opportunity to withdraw his guilty plea, erroneously concluding the issue was unpreserved (People v Rodney E., supra), and affirmed the conviction. The Court noted that defendant was not placed under the Probation Department’s formal supervision and that defendant’s agreement to complete the drug treatment program was more akin to the placement of a condition on a plea, which is lawful, than to the imposition of a period of interim probation. Since defendant failed to complete the program, imposition of the prison terms was proper.

Defendant argues that this case is controlled by People v Rodney E. (supra) and People v Johnson (197 AD2d 638, lv withdrawn 82 NY2d 926) pursuant to which his sentence should be vacated and the matter remitted to Supreme Court so that he may be given the opportunity to withdraw his plea.

In Rodney E., the then-14-year-old defendant pleaded guilty to robbery in the first degree. Before accepting the plea the court informed the defendant that sentencing would be postponed for three months; if during that period he complied with all the conditions imposed by the court he would ultimately be sentenced as a youthful offender to five years’ probation. The Probation Department, directed by the court to supervise the defendant’s activities and report periodically, filed a progress report containing hearsay allegations that[*506] defendant had violated the conditions of the interim probation. The court terminated the interim probation and sentenced defendant to a period of incarceration in a State Division for Youth facility.

Upon examining the statutory scheme governing probationary sentences, we held that the trial court erred in placing the defendant on probation after conviction but prior to sentencing. We observed that the Probation Department’s legislatively conferred supervisory powers are exercisable only as to persons convicted of a crime, and only after the defendant has been sentenced to probation and not before (77 NY2d, at 675). Moreover, probation is only available as a sentencing option and there is no statute which expressly or impliedly permits a court to place a person convicted of a crime on probation before sentence is imposed (id.). Since the sentence imposed was premised on the defendant’s violation of conditions the court was not authorized to impose, we vacated the sentence and remitted for resentencing (id., at 676).

Our decision in Rodney E. was premised on the statutory powers of the Probation Department and, contrary to defendant’s contention, was not intended to rule out analogous dispositions involving, as in this case, placement of an individual under the supervision of a private agency. Because the instant case does not involve the supervision of the Probation Department or implicate its statutory powers, and the conditions imposed fall within the court’s power to oversee plea bargains tailored to individual circumstances, we now affirm.

Plea bargaining is a practice vital to the efficient administration of the criminal justice system (see, People v Seaberg, 74 NY2d 1, 7), and "an integral part of the plea bargaining process is the negotiated sentence” (see, People v Farrar, 52 NY2d 302, 306). Plea and sentence negotiation further important policy considerations, conserving law enforcement, judicial and penal resources, and permitting the parties to avoid the uncertainties inherent in the lengthy process of charge, trial, sentence and appeals, thereby "starting the offender on the road to possible rehabilitation” as soon as practicable (see, People v Selikoff, 35 NY2d 227, 233).

Most importantly, plea negotiations serve the ends of justice, enabling courts to impose individualized sentences (id.). "The determination of an appropriate sentence requires the exercise of discretion after due consideration given to, among other things, the crime charged, the particular circumstances[*507] of the individual before the court and the purpose of a penal sanction” (Farrar, supra, at 305). In order to effectuate these principles, some judicial discretion in overseeing and approving plea bargains, including the imposition of conditions, is desirable (see, Seaberg, supra, at 7).

Conditions imposed as part of a plea arrangement are valid if the parties agree to them and they do not violate any statute or contravene public policy (see, Seaberg, supra, at 7 [provided "there is no constitutional or statutory mandate and no public policy prohibiting it, an accused may waive any right which he or she enjoys”]; Selikoff, supra, at 238; cf., People v Spina, 186 AD2d 9, 9-10 [nonnegotiated condition improper where it was unilaterally imposed by court after the plea had been entered]). Indeed, conditional sentence promises have consistently been upheld even where long-term monitoring of the defendant’s activities was required (see, e.g., People v Outley, 80 NY2d 702, 713 [sentencing adjourned and favorable sentences promised on condition of no arrests]; People v Thompson, 193 AD2d 841 [sentencing adjourned for six months and sentence of nonincarceration promised on condition of successful completion of drug rehabilitation program]; People v Ellis, 162 AD2d 701 [sentencing adjourned and favorable sentence promised on condition of defendant’s attendance and enrollment in drug rehabilitation program and cooperation with caseworker]; People v Hladky, 158 AD2d 616, 619 [court promised to sentence defendant to probation conditioned on his remaining in St. John’s School for Boys until he was determined fit to leave]).

In the case before us, we conclude that the plea agreement and negotiated sentence, which was conditioned on defendant’s successful completion of the Fortune Society’s drug rehabilitation program, was not an imposition of illegal "interim probation.” The agreement furthers important public policy goals and is a proper implementation of the court’s authority with respect to a plea agreement tailored to the particular circumstances of the defendant’s case (see, Farrar, supra, at 306-307).

We are unpersuaded by defendant’s argument that the recent amendment to CPL 400.10 [1] proves that plea agree[*508] ments conditioned on successful completion of a drug treatment program were beyond Supreme Court’s authority at the time the instant agreement was negotiated. Rather, the legislative history demonstrates that it was enacted specifically to correct the problem created by the decision in People v Johnson (197 AD2d 638, supra), which concluded that such agreements constituted illegal "interim probation.” The Johnson decision deprived trial courts of lawful, preexisting "valuable sentencing options” and "seriously undermined a number of successful programs, such as the Treatment Alternative to Street Crime (TASC) programs” [2] (Mem of Off of Ct Admin, L 1994, ch 509, 1994 McKinney’s Session Law News of NY, at A-1067 — A-1069). The sponsor’s memorandum in support of the amendment further clarifies the Legislature’s determination that Johnson was wrongly decided, pointing out that participation in a drug treatment program is not probation supervision (Bill Jacket, L 1994, ch 509). The bill was intended to give the courts statutory authority to order convicted defendants to comply with conditions set prior to sentencing (id.).

In this case, the condition of successful completion of a private drug treatment program, prior to sentencing, is within the trial court’s authority to oversee and approve plea bargains. Consequently, defendant is not entitled to withdraw his plea and the sentence should stand.

Accordingly, the order of the Appellate Division should be affirmed.

Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith and Levine concur.

Order affirmed.

1

. The amendment became effective July 26, 1994 and added subdivision (4) to CPL 400.10, authorizing a court, after conviction and before sentencing, to adjourn sentencing to a later date and order the defendant to comply with certain conditions, such as participation in an alcohol or substance[*508] abuse program. It replaced an experimental amendment to CPL 380.30 (3) which expired in 1994 pursuant to a one-year "sunset provision.”

2

. TASC is a Federally funded program which evaluates prospective clients with the consent of the court and places those that are eligible (nonviolent offenders with a history of substance abuse) in an appropriate residential or outpatient treatment agency. TASC monitors the participant’s progress and regularly submits reports to the court (see, 1992 Ann Report, NY St Div of Probation and Correctional Alternatives, at 44-46). Under the TASC plea arrangement, the District Attorney moves to dismiss the felony charges after the defendant completes an in-house drug treatment program that typically lasts 6 to 24 months. If the defendant fails to complete the program or absconds, he or she is subject to substantial periods of incarceration.