People v. Ashley
| Decision Date | 06 January 2011 |
| Parties | The PEOPLE, etc., Respondent, v. Patrick R. ASHLEY, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
D.J. & J.A. Cirando, Syracuse (John A. Cirando of counsel), for appellant.
Derek P. Champagne, District Attorney, Malone (Jennifer M. Hollis of counsel), for respondent.
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 for a prior, unrelated criminal offense. Defendant's remaining contentions lack merit.
Judge PIGOTT took no part.
On review of submissions pursuant to section 500.11 of the Rules of the Court ofAppeals (22 NYCRR 500.11), order affirmed, in a memorandum.
To continue reading
Request your trial
-
People v. Wolf
...her mental illness precluded her from entering a voluntary plea ( see People v. Ashley, 71 A.D.3d 1286, 1287, 896 N.Y.S.2d 520, affd. 16 N.Y.3d 725, 917 N.Y.S.2d 91, 942 N.E.2d 300; People v. Ramos, 77 A.D.3d 773, 774, 909 N.Y.S.2d 484, lv. denied 16 N.Y.3d 835, 921 N.Y.S.2d 199, 946 N.E.2d......
-
People v. Boula
...of adjudicating defendant's subsequent felony offender status” ( People v. Ashley, 71 A.D.3d 1286, 1287, 896 N.Y.S.2d 520 [2010],affd.16 N.Y.3d 725, 917 N.Y.S.2d 91, 942 N.E.2d 300 [2011];see People ex rel. Emanuel v. McMann, 7 N.Y.2d 342, 344–345, 197 N.Y.S.2d 174, 165 N.E.2d 187 [1960];Pe......
-
People v. Davis
...and his attorney's assertions made upon information and belief (see People v. Ashley, 71 A.D.3d 1286, 1287, 896 N.Y.S.2d 520, affd. 16 N.Y.3d 725, 917 N.Y.S.2d 91, 942 N.E.2d 300 ; People v. Watkins, 107 A.D.3d 1416, 1417, 966 N.Y.S.2d 637, lv. denied 22 N.Y.3d 959, 977 N.Y.S.2d 190, 999 N.......
-
People v. Watkins
...own affidavit or any medical evidence to substantiate that contention ( see People v. Ashley, 71 A.D.3d 1286, 1287, 896 N.Y.S.2d 520,affd.16 N.Y.3d 725, 917 N.Y.S.2d 91, 942 N.E.2d 300;Wolf, 88 A.D.3d at 1266–1267, 930 N.Y.S.2d 382), and in any event it “is belied by the record of the plea ......