Opinion
November 13, 2000.
Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Criminal Possession Weapon, 3rd Degree.
PRESENT: PIGOTT, JR., P. J., WISNER, KEHOE AND BALIO, JJ.
Judgment unanimously affirmed.
Memorandum:
Supreme Court did not err in approving defendant's waiver of the right to a jury trial. The written waiver was signed by defendant before the Trial Judge in open court and recites that it was executed after consultation with defense counsel and with a full understanding by defendant of his rights and a full appreciation that defendant was waiving them ( see, CPL 320.10; People v. Medina, 202 A.D.2d 256, 257, lv denied 83 N.Y.2d 913). "[I]n the circumstances of this case, a written waiver is sufficient and is not invalidated by the court's failure to inquire" ( People v. Burnett, 136 A.D.2d 888, lv denied 70 N.Y.2d 1004; see also, People v. Medina, supra, at 257), or to give defendant any particular warning or advice ( see, People v. Simmons, 182 A.D.2d 1018, 1019), absent some indication of a need to advise defendant or to make further inquiry of him ( see, People v. Stroud, 143 A.D.2d 532, lv denied 73 N.Y.2d 790).
The verdict finding defendant guilty of criminal possession of a weapon in the third degree (Penal Law § 265.02) is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). The court, sitting as the trier of fact, did not fail to give the evidence the weight it should be accorded ( see, People v. Bleakley, supra, at 495).