Majority
p. 306The People of the State of New York, Respondent, v George McKnight, Also Known as Allen Hawkins, Appellant. [604 NYS2d 819]
—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Corrado, J.), rendered June 11, 1992, convicting him of criminal facilitation in the fourth degree, after a nonjury trial, and imposing sentence.
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
p. 307
been preserved for appellate review (see, CPL 470.05 [2]; People v Magnano, 77 NY2d 941 , affg 158 AD2d 979 , cert denied — US —, 112 S Ct 189 ; People v Johnson, 51 NY2d 986 ; People v Ospina, 192 AD2d 680 ; People v Pelaccio, 159 AD2d 734 ; People v Sierra, 143 AD2d 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 AD2d 979 , supra; People v Ospina, supra). Thompson, J. P., Balletta, Miller and Joy, JJ., concur.
Cases cited
- People v. Magnano 77 NY2d 941 p. 307
- People v. Blake 158 AD2d 979 p. 307
- People v. Johnson 51 NY2d 986 p. 307
- People v. Pelaccio 159 AD2d 734 p. 307
- People v. Sierra 143 AD2d 1065 p. 307