Majority
p. 896The People of the State of New York, Respondent, v Myron Jones, Appellant. [606 NYS2d 1020]
—Judgment unanimously affirmed. Memorandum: Upon our review of the record, we conclude that defendant knowingly, voluntarily and intelligently waived his right to appeal (see, People v Callahan, 80 NY2d 273 ; People v Moissett, 76 NY2d 909 ; People v Seaberg, 74 NY2d 1 , 12). We decline to modify defendant’s sentence in the interest of justice. (Appeal from Judgment of Erie County Court, D’Amico, J. — Attempted Burglary, 2nd Degree.) Present — Denman, P. J., Pine, Lawton, Doerr and Davis, JJ.
Cases cited
- People v. Callahan 80 NY2d 273 p. 896
- People v. Moissett 76 NY2d 909 p. 896
- People v. Seaberg 74 NY2d 1 at 12 p. 896