The People v. Patrick R. Ashley
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================================================================= This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------No. 62 SSM 62 The People &c., Respondent, v. Patrick R. Ashley, Appellant. Submitted by John A. Cirando, for appellant. Submitted by Jennifer M. Hollis, for respondent. 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 - 1 - - 2 not a subject of this appeal. SSM No. 62 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. * * * * * * * * * * * * * * * * * On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Jones concur. Judge Pigott took no part. Decided January 6, 2011 - 2 -
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