Opinion
October 29, 1998
Appeal from the Supreme Court, New York County (Dorothy Cropper, J.).
The verdict was not against the weight of the evidence. Defendant's conduct had no reasonable explanation other than his guilt on auto stripping. Defendant's claims regarding his waiver of a jury trial, and the procedure followed in approving the waiver, are not preserved for review ( People v. Tamarez, 213 A.D.2d 261, lv denied 85 N.Y.2d 981; People v. Yamyle, 208 A.D.2d 466, lv denied 85 N.Y.2d 916), and we decline to review them in the interest of justice. Were we to review these claims, we would find that defendant, who executed his written waiver of jury trial in open court after consultation with counsel, was sufficiently advised by the court of the nature and consequences of his waiver and the waiver was knowingly and voluntarily made ( see, People v. Watson, 162 A.D.2d 360, 361; People v. Magnano, 158 A.D.2d 979, affd 77 N.Y.2d 941, cert denied 502 U.S. 864).
Concur — Lerner, P. J., Milonas, Ellerin, Rubin and Williams, JJ.