Opinion
June 8, 2000.
Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered October 22, 1997, convicting defendant, after a nonjury trial, of manslaughter in the first degree and criminal possession of a weapon in the fourth degree, and sentencing him to concurrent terms of 8 1/3 to 25 and 1 year, respectively, unanimously affirmed.
Kimberly T. Morgan, for respondent.
Judith Stern, for defendant-appellant.
Before: Tom, J.P., Wallach, Rubin, Saxe, Buckley, JJ.
The record establishes that defendant personally signed a written jury trial waiver in open court, in the presence of and with the approval of the court. His claim that the waiver was invalid because, notwithstanding the assistance of an interpreter, the form was not printed in a language defendant could understand goes to the procedure employed in approving the waiver and, as such, requires preservation (People v. Johnson, 51 N.Y.2d 986; People v. Tamarez, 213 A.D.2d 261, 262, lv denied 85 N.Y.2d 981). We decline to review this unpreserved claim in the interest of justice. Were we to review this claim, we would find it to be without merit. Although a jury waiver must be a signed writing (N.Y. Const art I, § 2; CPL 320.10), neither the Constitution nor the statute specify that the written waiver be in a defendant' s native language, and requirement of a writing was satisfied when defendant actually signed a written instrument that had been translated for his benefit. The record establishes that defendant made his decision to forgo a jury trial after the written waiver was translated for him by the official court interpreter, who was duty-bound to translate the document verbatim. Furthermore, the record establishes that defendant, with the assistance of the interpreter, had a conference with counsel and a colloquy with the court, which sufficiently informed him of the nature and consequences of his decision.
We perceive no abuse of sentencing discretion.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.