Opinion
November 8, 1993
Appeal from the Supreme Court, Queens County (Corrado, J.).
Ordered that the judgment is affirmed.
We agree with the People that the defendant's challenge to the validity of his waiver of the right to a jury trial has not been preserved for appellate review (see, CPL 470.05; People v Magnano, 77 N.Y.2d 941, affg 158 A.D.2d 979, cert denied ___ US ___, 112 S Ct 189; People v Johnson, 51 N.Y.2d 986; People v Ospina, 192 A.D.2d 680; People v Pelaccio, 159 A.D.2d 734; People v Sierra, 143 A.D.2d 1065). In any event, the record adequately demonstrates that the defendant's written jury waiver was made knowingly and voluntarily in open court (see, People v Magnano, 158 A.D.2d 979, supra; People v Ospina, supra). Thompson, J.P., Balletta, Miller and Joy, JJ., concur.