| People v O'Diah |
| 2009 NY Slip Op 09049 [68 AD3d 787] |
| December 1, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v ArorArk O'Diah, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, JohnnetteTraill, and Josette Simmons-McGhee of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.),rendered July 7, 2005, as amended March 19, 2007, convicting him of assault in the seconddegree and resisting arrest, after a nonjury trial, and imposing sentence.
Ordered that the judgment, as amended, is affirmed.
The defendant's contention that his waiver of the right to a jury trial was inadequate isunpreserved for appellate review (see CPL 470.05 [2]; People v Magnano, 77NY2d 941 [1991], cert denied 502 US 864 [1991]). In any event, the record does notsupport the defendant's contention that the waiver was invalid, as he executed a written waiver inopen court, which was approved by the trial justice, and the circumstances surrounding thewaiver supported the conclusion that it was made knowingly, voluntarily, and intelligently(see CPL 320.10 [2]; People vSmith, 6 NY3d 827, 828 [2006], cert denied 548 US 905 [2006]; People v Fani, 59 AD3d 460[2009]; People v Jones, 293 AD2d 627 [2002]). Dillon, J.P., Florio, Balkin andLeventhal, JJ., concur.