Opinion
2000-08828
Argued March 7, 2002.
March 18, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Juviler, J.), rendered September 8, 2000, convicting him of assault in the second degree, assault in the third degree, and criminal possession of a weapon in the fourth degree, after a nonjury trial, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Karol B. Mangum of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, HOWARD MILLER, BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed.
The defendant's contention that his waiver of the right to a jury trial was invalid is unpreserved for appellate review (see, People v. Johnson, 51 N.Y.2d 986; People v. Ashley, 282 A.D.2d 613; People v. Jones, 178 A.D.2d 244) and, in any event, is without merit. The waiver was knowingly and voluntarily made and properly executed after the jury was sworn, but before opening statements were made. Under the circumstances, the waiver was valid (see, People v. Jones, supra; People v. Satcher, 144 A.D.2d 992; People v. Kravitz, 140 A.D.2d 972). Since the defendant waived his right to a jury trial and consented to a bench trial, his contention that the prohibition against double jeopardy was violated is without merit (see, People v. Brown, 147 A.D.2d 579; see also, People v. Ferguson, 67 N.Y.2d 383).
ALTMAN, J.P., FLORIO, H. MILLER and COZIER, JJ., concur.