People v. Ashley

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 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.