Opinion
Argued February 22, 2001.
March 19, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Braun, J.), rendered June 3, 1999, convicting him of burglary in the second degree, criminal possession of stolen property in the fourth degree and criminal possession of a weapon in the fourth degree, after a nonjury trial, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Camilla B. Taylor of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Steven J. Chang of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's challenge to the validity of his waiver of the right to a jury trial 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. McKnight, 198 A.D.2d 306). In any event, the written jury waiver form executed by the defendant and his statements on the record indicate that his waiver was knowingly, voluntarily, and intelligently made (see, People v. McQueen, 52 N.Y.2d 1025; People v. White, 262 A.D.2d 590; People v. Wheeler, 258 A.D.2d 542).
The defendant's remaining contention is without merit.