Opinion
2000-05059
Submitted September 9, 2002
October 1, 2002
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered May 11, 2000, convicting him of assault in the second degree (two counts) and criminal possession of a weapon in the fourth degree, after a nonjury trial, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (V. Marika Meis of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Lauren J. Rocklin of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, DANIEL F. LUCIANO, JJ.
ORDERED that the judgment is affirmed.
The defendant's contention that the trial judge failed to conduct an adequate inquiry concerning his waiver of a trial by jury is unpreserved for appellate review (see CPL 470.05; People v. Magnano, 77 N.Y.2d 941, cert denied 502 U.S. 864; People v. Davis, 277 A.D.2d 248). In any event, although a more complete record would have been preferred, on the facts and circumstances presented, we find the waiver was valid (see People v. Magnano, supra; People v. Davis, supra; People v. Simmons, 182 A.D.2d 1018; People v. Burnett, 136 A.D.2d 888).
The defendant's remaining contention is unpreserved for appellate review (see CPL 470.05), and, in any event, is without merit.
RITTER, J.P., KRAUSMAN, McGINITY and LUCIANO, JJ., concur.