PRESS RELEASE
FROM: HOLLEY CARNRIGHT
DATE: OCTOBER 3, 2019
RE: PRESS RELEASE – RICHARD A. ASHBY JR. APPEAL
The Appellate Division, Third Department unanimously affirmed the December 7, 2016 conviction of Richard A. Ashby Jr., upon his plea of guilty convicting him of the crime of attempted sexual abuse in the first degree, a class D violent felony.
On April 3, 2016 defendant was arrested in the Town of Lloyd for sexually abusing a six-year-old child. He later pled guilty to that crime. In accordance with the terms of the negotiated plea agreement, defendant was sentenced to a determinate state prison term of four years followed by ten years postrelease supervision.
On appeal, defendant challenged the severity of his sentence, however, since he waived his right to appeal as part of the plea deal, that claim was precluded. Defendant’s additional claim that his plea was not knowingly, voluntarily or intelligently entered was also found to be unpreserved for appellate review as he failed to make an appropriate post-allocution motion.
On appeal defendant is represented by Tracy E. Steeves, Esq. of Kingston, New York. Assistant District Attorney Joan Gudesblatt Lamb handled the appeal for the District Attorney’s Office.