Man who shot grocer cannot appeal

A state appellate court has concluded an Ogdensburg man who shot an Edwardsville store owner during a failed robbery attempt can't appeal his sentence.

Patrick R. Ashley, 37, was convicted in February 2008 in St. Lawrence County Court of attempted first-degree robbery. He was given a nine-year state prison sentence as a repeat felony offender. He is serving the sentence at Bare Hill Correctional Facility, Malone.

He was accused of shooting James H. Snyder in the ankle with a .22-caliber rifle while trying to rob Edwardsville Grocery on Nov. 15, 2007.

The Appellate Division of state Supreme Court in Albany last week concluded the "defendant reviewed and acknowledged his written waiver without objection."

The court unanimously concluded he didn't argue his prior felony conviction at his 2007 sentencing and it found "no basis for defendant's claim of ineffective assistance."