People v.O'Diah

The defendant’s contention that his waiver of the right to a jury trial was inadequate is unpreserved for appellate review (see CPL 470.05 [2]; People v Magnano, 77 NY2d 941 [1991], cert denied 502 US 864 [1991]). In any event, the record does not support the defendant’s contention that the waiver was invalid, as he executed a written waiver in open court, which was approved by the trial justice, and the circumstances surround 788 ing the waiver supported the conclusion that it was made knowingly, voluntarily, and intelligently (see CPL 320.10 [2]; People v Smith, 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 and Leventhal, JJ., concur.