Opinion
April 19, 1993
Appeal from the Supreme Court, Queens County (Groh, J.).
Ordered that the judgment is affirmed.
We agree with the defendant's contention that the record of the proceedings fails to establish that she knowingly, intelligently and voluntarily waived her right to appeal (see generally, People v Callahan, 80 N.Y.2d 273; People v Brown, 190 A.D.2d 813; People v Markland, 183 A.D.2d 788). However, the defendant's present challenge to the validity of her 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 Pelaccio, 159 A.D.2d 734; People v Sierra, 143 A.D.2d 1065). In any event, were we to reach the issue, we would find that the written jury waiver form executed by the defendant and the statements on the record adequately demonstrate that the jury waiver in this case was valid.
Finally, in view of the gravity of the offenses and the defendant's involvement of her infant children in the crimes, we discern no basis for disturbing the sentence imposed by the Supreme Court (see, People v Suitte, 90 A.D.2d 80). Mangano, P.J., Bracken, Sullivan and Lawrence, JJ., concur.