Opinion
February 14, 1989
Appeal from the County Court, Westchester County (West, J.).
Ordered that the judgment is affirmed.
In this case the defendant's written waiver of his right to a jury trial was executed in accordance with constitutional and statutory requisites (see, N Y Const, art I, § 2; CPL 320.10; People v Duchin, 12 N.Y.2d 351). Further, because the defendant himself sought to have the jury trial terminated he waived his present claim that the subsequent bench trial constituted double jeopardy (see, United States v Scott, 437 U.S. 82; People v Ferguson, 67 N.Y.2d 383; People v Lawton, 134 A.D.2d 454; CPL 40.30).
Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15). Bracken, J.P., Lawrence, Kunzeman and Kooper, JJ., concur.