Opinion
February 4, 1994
Appeal from the Erie County Court, Drury, J.
Present — Green, J.P., Pine, Lawton, Doerr and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: We affirm the suppression court's determination for reasons stated in the decision at Erie County Court (Drury, J.). We reject defendant's argument that the District Attorney's policy of requiring a waiver of appeal as a condition of offering a plea to a lesser charge is illegal and unconstitutional (see, People v. Seaberg, 74 N.Y.2d 1). Finally, we decline to modify defendant's sentence in the interest of justice.