People v. Jones

—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.