Opinion
2000-02842
Argued February 26, 2002.
April 15, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lewis, J.), rendered March 8, 2000, convicting him of criminal possession of a weapon in the third degree and reckless endangerment in the second degree, after a nonjury trial, and imposing sentence.
Andrew C. Fine, New York, N.Y. (Michelle Fox of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anne C. Feigus, and Marie-Claude P. Wrenn of counsel), for respondent.
Before: DAVID S. RITTER, J.P., NANCY E. SMITH, WILLIAM D. FRIEDMANN, BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed.
The defendant's contention that his waiver of the right to a jury trial was inadequate is not preserved for appellate review (see CPL 470.05; People v. Magnano, 77 N.Y.2d 941, affg 158 A.D.2d 979, cert denied 502 U.S. 864; People v. Ospina, 192 A.D.2d 680, 681). In any event, the written waiver executed by the defendant and the statements on the record adequately demonstrate that the jury waiver was valid (see People v. Perry, 276 A.D.2d 808; People v. Wheeler, 258 A.D.2d 542; People v. Ospina, supra, at 681; see also People v. Terrell, 277 A.D.2d 931).
RITTER, J.P., SMITH, FRIEDMANN and COZIER, JJ., concur.