People v. Ashley

In 1999, defendant was convicted of two counts of robbery in the second degree (People v Ashley, 278 AD2d 594 [2000]). Shortly after being paroled on the 1999 convictions, defendant pleaded guilty to a superior court information charging him with attempted robbery in the first degree, and he was sentenced as a second felony offender to nine years in prison and five years of postrelease supervision. On appeal, we affirmed (People v Ashley, 71 AD3d 1286 [2010], affd 16 NY3d 725 [2011]).

Thereafter, defendant moved pursuant to CPL article 440 to set aside his sentence on the 1999 convictions on…