Majority
p. 820The People of the State of New York, Respondent, v Bradley Dunston, Appellant. [747 NYS2d 811]
The defendant’s contention that the trial judge failed to conduct an adequate inquiry concerning his waiver of a trial by jury is unpreserved for appellate review (see CPL 470.05 [2]; People v Magnano, 77 NY2d 941 , cert denied 502 US 864 ; People v Davis, 277 AD2d 248 ). In any event, although a more complete record would have been preferred, on the facts and circumstances presented, we find the waiver was valid (see People v Magnano, supra; People v Davis, supra; People v Simmons, 182 AD2d 1018 ; People v Burnett, 136 AD2d 888 ).
The defendant’s remaining contention is unpreserved for ap
p. 821
pellate review (see CPL 470.05 [2]), and, in any event, is without merit. Ritter, J.P., Krausman, McGinity and Luciano, JJ., concur.
Cases cited
- People v. Magnano 77 NY2d 941 p. 820
- People v. Simmons 182 AD2d 1018 p. 820