Opinion
Submitted March 22, 2001
April 16, 2001
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 nonjury trial, and imposing sentence.
Susan B. Marhoffer, Mount Kisco, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Camille O'Hara Gillespie of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
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; People v. Magnano, 77 N.Y.2d 941, cert denied 502 U.S. 864; People v. Ospina, 192 A.D.2d 680). In any event, the defendant knowingly, voluntarily, and intelligently executed a written waiver in open court (see, CPL 320.10; People v. Davidson, 136 A.D.2d 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 N.Y.2d 708). The defendant's remaining contention is without merit.
SANTUCCI, J.P., FLORIO, H. MILLER and SCHMIDT, JJ., concur.