People v. Figueroa

198 A.D.2d 116, 605 N.Y.S.2d 842, 1993 N.Y. App. Div. LEXIS 10639

Opinion

—Judgment, Supreme Court, Bronx County (Dominic R. Massaro, J.), rendered May 22, 1991, convicting defendant, after non-jury trial, of the criminal sale and possession of a controlled substance in the third degree, and sentencing him to two concurrent terms of IVi to 4Vi years, unanimously affirmed.

Contrary to defendant’s claim, the record contains a jury waiver duly executed in open court which meets constitutional and statutory requirements. Since the alleged lack of such a waiver is the only issue raised by defendant on his appeal, the judgment of conviction is affirmed. Concur — Sullivan, J. P., Ross, Kassal, Rubin and Nardelli, JJ.