PEOPLE & C. v. ASHLEY

No. 62 SSM 62

2011 NY Slip Op 00034

THE PEOPLE & C., Respondent, v. PATRICK R. ASHLEY, Appellant.

Court of Appeals of New York.

Decided January 6, 2011.


Attorney(s) appearing for the Case

Submitted by John A. Cirando , for appellant.

Submitted by Jennifer M. Hollis , for respondent.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Jones concur. Judge Pigott took no part.


MEMORANDUM

The order of the Appellate Division should be affirmed.

Defendant's challenge to his adjudication as a second violent felony offender and the sentence that was originally imposed is moot because County Court resentenced him as a first felony offender in a post-judgment CPL 440.20 proceeding that is not a subject of this appeal. Defendant failed to preserve his argument that the guilty plea became involuntary after he was subsequently resentenced...

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