Opinion
2011-11-22
The PEOPLE, etc., respondent, v. Ryan X. JONES, appellant.
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.
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.
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.
*561 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, 450 N.Y.S.2d 299, 435 N.E.2d 669; People v. Sorino, 82 A.D.3d 911, 918 N.Y.S.2d 348; People v. Patel, 74 A.D.3d 1098, 1099, 904 N.Y.S.2d 99; People v. Perazzo, 65 A.D.3d 1058, 886 N.Y.S.2d 43; People v. Russell, 58 A.D.3d 759, 871 N.Y.S.2d 702; People v. Scalercio, 10 A.D.3d 697, 781 N.Y.S.2d 745).