Opinion
September 21, 1992
Appeal from the Supreme Court, Westchester County (Colabella, J.).
Ordered that the amended judgment is affirmed.
Contrary to the defendant's contention, we conclude that the trial court did not violate CPL 710.40 (3). The defendant's suppression motion was denied prior to commencement of the trial, which was held without a jury. In any event, the defendant has not demonstrated any actual prejudice suffered by him as a result of this procedure, which was adopted by the court in accordance with the parties' stipulation (cf., People v Belnavis, 76 A.D.2d 842).
We find that the defendant received the effective assistance of counsel (see, People v Baldi, 54 N.Y.2d 137, 146; People v Satterfield, 66 N.Y.2d 796, 799).
The defendant's remaining contention is without merit. Rosenblatt, J.P., Miller, Ritter and Pizzuto, JJ., concur.