Appeals court upholds sexual abuse sentence

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ALBANY – The Appellate Division of State Supreme Court has affirmed the December 7, 2016 conviction of Richard Ashby, Jr. based on his guilty plea in Ulster County Court to attempted sexual abuse.

On April 3, 2016, Ashby was arrested in the Town of Lloyd for sexually abusing a six-year-old child. He later pled guilty to the crime and was sentenced based on a negotiated plea agreement to up to four years in state prison and 10 years of post-release supervision.

Ashby appealed on the grounds of the sentence being too severe, but the appeals court rules that since he waived his right to appeal as part of the plea deal, he could not challenge it.

The appellate division also discounted Ashby’s claim that he did not accept the plea knowingly, voluntarily or intelligently.




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