People v. Dunston

297 A.D.2d 820, 747 N.Y.2d 811, 747 N.Y.S.2d 811, 2002 N.Y. App. Div. LEXIS 8852

Opinion

The defendant’s contention that the trial judge failed to conduct an adequate inquiry concerning his waiver of a trial by jury is unpreserved for appellate review (see CPL 470.05 [2]; People v Magnano, 77 NY2d 941, cert denied 502 US 864; People v Davis, 277 AD2d 248). In any event, although a more complete record would have been preferred, on the facts and circumstances presented, we find the waiver was valid (see People v Magnano, supra; People v Davis, supra; People v Simmons, 182 AD2d 1018; People v Burnett, 136 AD2d 888).

The defendant’s remaining contention is unpreserved for ap pellate review (see CPL 470.05 [2]), and, in any event, is without merit. Ritter, J.P., Krausman, McGinity and Luciano, JJ., concur.