People v. Suarez

237 A.D.2d 134, 655 N.Y.S.2d 354, 1997 N.Y. App. Div. LEXIS 2371

Opinion

Judgment, Supreme Court, New York County (Ira Beal, J.), rendered June 7, 1994, convicting defendant, after a nonjury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 41/2 to 9 years, unanimously affirmed.

Defendant’s claim that his waiver of a jury trial was not knowing and voluntary is unpreserved and without merit (People v Tamarez, 213 AD2d 261, 262, lv denied 85 NY2d 981). The court emphasized to defendant the importance of jury trials and the requirement that any waiver of the right to a jury trial be knowing and voluntary, whereupon defendant clearly indicated that he had discussed this matter with counsel and that he wished to proceed to trial without a jury. Concur— Murphy, P. J., Williams, Tom and Mazzarelli, JJ.