The People, etc., respondent, v. Ryan X. Jones, appellant.

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Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Ryan X. Jones, appellant.

2010–08053 (Ind.No. 2589/09)

Decided: November 22, 2011

A. GAIL PRUDENTI, P.J. PETER B. SKELOS RUTH C. BALKIN SANDRA L. SGROI, JJ. Richard J. Barbuto, Babylon, N.Y., for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Laurie K. Gibbons of counsel;  Lisa A. Schwartz on the brief), for respondent.

Submitted—October 11, 2011


Appeal by the defendant from a judgment of the County Court, Nassau County (Donnino, J.), rendered August 11, 2010, convicting him of criminal possession of a weapon in the second degree, reckless endangerment in the first degree, menacing a police officer or peace officer, and leaving the scene of an accident, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The ineffective assistance of counsel alleged by the defendant did not directly involve the negotiation of his plea of guilty or otherwise affect the voluntariness of the plea.   Accordingly, by pleading guilty, the defendant forfeited appellate review of his ineffective assistance claim (see People v. Petgen, 55 N.Y.2d 529, 535 n 3;  People v. Sorino, 82 AD3d 911;  People v. Patel, 74 AD3d 1098, 1099;  People v. Perazzo, 65 AD3d 1058;  People v. Russell, 58 AD3d 759;  People v. Scalercio, 10 AD3d 697).



Matthew G. Kiernan

Clerk of the Court

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