Opinion
Submitted September 13, 1999
October 4, 1999
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Browne, J.), rendered March 23, 1998, convicting him of criminal sale of a controlled substance in the third degree, after a nonjury trial, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Linda M. Michetti of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., SONDRA MILLER, GABRIEL M. KRAUSMAN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is reversed, on the law, and a new trial is ordered.
In this nonjury trial, the defendant did not execute, in open court, a written waiver of his right to a trial by jury. Consequently, as the People correctly concede, reversal is required (see, N.Y. Const, art I, § 2; CPL 320.10; see also, People v. Ahmed, 66 N.Y.2d 307; People v. Davidson, 136 A.D.2d 66).
BRACKEN, J.P., S. MILLER, KRAUSMAN, and H. MILLER, JJ., concur.