People v. Ashley — 16 N.Y.3d 725

Majority

p. 725

[942 NE2d 300, 917 NYS2d 91]

The People of the State of New York, Respondent, v Patrick R. Ashley, Appellant.

Decided January 6, 2011

p. 726

APPEARANCES OF COUNSEL

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.

OPINION OF THE COURT

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.