People v Ashley, 16 NY3d 725 (2011)

2011 NY Slip Op 00034 [16 NY3d 725]
January 6, 2011
Court of Appeals

[*1]

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

Decided January 6, 2011

People v Ashley, 71 AD3d 1286, affirmed.

{**16 NY3d at 726} 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 [*2]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.