State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: March 26, 2015 106136
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THE PEOPLE OF THE STATE OF
NEW YORK,
Respondent,
v MEMORANDUM AND ORDER
DAVID A ASHLAW,
Appellant.
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Calendar Date: February 20, 2015
Before: Lahtinen, J.P., Garry, Rose and Devine, JJ.
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Richard V. Manning, Parishville, for appellant.
Alexander Lesyk, Special Prosecutor, Norwood, for
respondent.
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Garry, J.
Appeal from a judgment of the County Court of St. Lawrence
County (Richards, J.), rendered July 26, 2013, convicting
defendant upon his plea of guilty of the crime of attempted
burglary in the second degree.
Pursuant to a combined plea agreement, defendant entered a
guilty plea to burglary in the third degree in satisfaction of a
four-count indictment. Defendant also waived indictment and
pleaded guilty to the reduced charge of attempted burglary in the
second degree as charged in a superior court information related
to another incident, satisfying other outstanding charges. In
exchange, County Court adjourned sentencing and placed defendant
on interim probation for one year in order to permit him to
complete substance abuse treatment (see CPL 390.30 [6]), and
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sentencing was repeatedly adjourned to permit him to complete
inpatient treatment. The court ultimately concluded that
defendant had failed to comply with the conditions of interim
probation and sentenced him on the attempted burglary conviction
to a prison term of four years, with three years of postrelease
supervision.1 Defendant appeals.
For the reasons stated in People v Ashlaw (___ AD3d ___
[decided herewith]), we affirm.
Lahtinen, J.P., Rose and Devine, JJ., concur.
ORDERED that the judgment is affirmed.
ENTER:
Robert D. Mayberger
Clerk of the Court
1
Defendant also received a concurrent prison term of 20
months to five years on the burglary in the third degree
conviction (People v Ashlaw, ___ AD3d ___ [decided herewith]).