Majority
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Greenberg, J.), rendered August 18, 1999, convicting him of robbery in the first degree (three counts), after a non-jury trial, and imposing sentence.
The defendant’s contention that his waiver of the right to a jury trial was inadequate is not preserved for appellate review (see, CPL 470.05 [2]; People v Magnano, 77 NY2d 941 , cert denied 502 US 864 ; People v Ospina, 192 AD2d 680 ). In any event, the defendant knowingly, voluntarily, and intelligently executed a written waiver in open court (see, CPL 320.10 [2]; People v Davidson, 136 AD2d 66 , 69).
The defendant’s contention that he was denied the effective assistance of counsel is without merit. Viewing the defense counsel’s performance in its entirety, the defendant received meaningful representation (see, People v Benevento, 91 NY2d 708 ).
The defendant’s remaining contention is without merit. Santucci, J. P., Florio, H. Miller and Schmidt, JJ., concur.
Cases cited
- People v. Magnano 77 NY2d 941 p. 614
- People v. Davidson 136 AD2d 66 at 69 p. 614
- People v. Benevento 91 NY2d 708 p. 614