Opinion
Submitted September 13, 1999
October 4, 1999
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Browne, J.).
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.