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PEOPLE v. JONES

251 A.D.2d 1055 (1998)

673 N.Y.S.2d 341

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

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 10, 1998

Judgment unanimously affirmed.

Memorandum:

The record does not reflect that defendant made a knowing, intelligent and voluntary waiver of his right to appeal (see, People v Callahan, 80 N.Y.2d 273, 280). We conclude, however, that the sentence imposed upon defendant's violation of probation is neither unduly harsh nor severe. Defendant was 31 years old at the time of the offense

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