Home/New York Court of Appeals/People v. Ashley

People v. Ashley

942 N.E.2d 300, 16 N.Y.3d 725
New York Court of Appeals·Decided January 6, 2011·Published·Cited by 19 cases

Opinion

OPINION OF THE COURT

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 postjudgment 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 for a prior, unrelated criminal offense. Defendant’s remaining contentions lack merit.

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

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed in a memorandum.

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People v. Ashley, 942 N.E.2d 300, 16 N.Y.3d 725 (N.Y. 2011).

942 N.E.2d 300 (People v. Ashley) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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