In Matter of Catterson v. Ohlig (289 AD2d 344 [2d Dept 2001]), the defendant entered a guilty plea to a class B felony as defined by Penal Law article 130, committed or attempted to be committed against a person under age 18. In order to permit the defendant to remain at liberty until after the year-end holidays, the trial court deferred formal acceptance of his plea until after the New Year. In response, the Suffolk County District Attorney commenced a CPLR article 78 proceeding against the Trial Judge, seeking to compel him to comply with the provisions of CPL 530.40 (3), by remanding defendant pending his sentencing.