Opinion
September 29, 2000.
Appeal from Judgment of Monroe County Court, Bristol, J. — Assault, 2nd Degree.
PRESENT: PINE, J. P., WISNER, HURLBUTT, SCUDDER AND BALIO, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant contends that his waiver of the right to a jury trial was not knowing and voluntary because County Court indicated that it "might be more open to a self defense claim than a jury". That contention is not preserved for our review ( see, CPL 470.05; People v. White, 262 A.D.2d 590, lv denied 93 N.Y.2d 1029; see also, People v. Forbes, 248 A.D.2d 552, lv denied 92 N.Y.2d 852) and, in any event, lacks merit ( see, People v. Gelman, 93 N.Y.2d 314, 320-321).