Opinion
November 23, 1987
Appeal from the Supreme Court, Queens County (Glass, J.).
Ordered that the judgment is affirmed.
After the defendant's conviction had been reversed by this court and a new trial granted (see, People v. Oliver, 99 A.D.2d 789), the defense counsel and an Assistant District Attorney entered into a stipulation pursuant to which the People were permitted to establish their case at the defendant's second trial through the use of testimony adduced at his first trial. On appeal, the defendant argues that the court was obligated to question him in order to ascertain whether the stipulation into which he entered was knowingly and voluntarily obtained. We disagree. As we have recently noted in rejecting a similar contention, "[r]eversal is not warranted because the court did not inquire of the defendant personally whether he had knowingly agreed to the stipulation" (People v. Word, 118 A.D.2d 823, lv denied 67 N.Y.2d 1058; People v. Mills, 103 A.D.2d 379). Mangano, J.P., Weinstein, Kooper and Harwood, JJ., concur.