People v Jones
2011 NY Slip Op 08610 [89 AD3d 1037]
November 22, 2011
Appellate Division, Second Department
As corrected through Wednesday, January 4th, 2012


The People of the State of New York, Respondent,
v
Ryan X.Jones, Appellant.

[*1]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 thescene 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 thenegotiation of his plea of guilty or otherwise affect the voluntariness of the plea. Accordingly, bypleading guilty, the defendant forfeited appellate review of his ineffective assistance claim (seePeople v Petgen, 55 NY2d 529, 535 n 3 [1982]; People v Sorino, 82 AD3d 911 [2011]; People v Patel, 74 AD3d 1098, 1099[2010]; People v Perazzo, 65 AD3d1058 [2009]; People v Russell, 58AD3d 759 [2009]; People vScalercio, 10 AD3d 697 [2004]). Prudenti, P.J., Skelos, Balkin and Sgroi, JJ., concur.


NYPTI Decisions © 2026 is a project of New York Prosecutors Training Institute (NYPTI) made possible by leveraging the work we've done providing online research and tools to prosecutors.

NYPTI would like to thank New York State Division of Criminal Justice Services, New York State Senate's Open Legislation Project, New York State Unified Court System, New York State Law Reporting Bureau and Free Law Project for their invaluable assistance making this project possible.

Install the free RECAP extensions to help contribute to this archive. See https://free.law/recap/ for more information.