People v. McKnight

198 A.D.2d 306, 604 N.Y.S.2d 819

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 8, 1993
• Status: Published

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Corrado, J.), rendered June 11, 1992, convicting him of criminal facilitation in the fourth degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

We agree with the People that the defendant’s challenge to the validity of his waiver of the right to a jury trial has not been preserved for appellate review (see, CPL 470.05 [2]; People v Magnano, 77 NY2d 941, affg 158 AD2d 979, cert denied — US —, 112 S Ct 189; People v Johnson, 51 NY2d 986; People v Ospina, 192 AD2d 680; People v Pelaccio, 159 AD2d 734; People v Sierra, 143 AD2d 1065). In any event, the record adequately demonstrates that the defendant’s written jury waiver was made knowingly and voluntarily in open court (see, People v Magnano, 158 AD2d 979, supra; People v Ospina, supra). Thompson, J. P., Balletta, Miller and Joy, JJ., concur.