People v. Jones

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID JONES, Appellant

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 10, 1998

251 A.D.2d 1055 (N.Y. App. Div. 1998)

673 N.Y.S.2d 341

Opinion

June 10, 1998

Appeal from Judgment of Supreme Court, Erie County, Rosseti, J. — Violation of Probation.

Present — Green, J. P., Lawton, Wisner, Callahan and Boehm, JJ.

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 and therefore not eligible for youthful offender status ( see, CPL 720.10).