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People v. O'Diah

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 1, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
AROR ARK O'DIAH, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered July 7, 2005, as amended March 19, 2007, convicting him of assault in the second degree and resisting arrest, after a non-jury trial, and imposing sentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

MARK C. DILLON, J.P., ANITA R. FLORIO, RUTH C. BALKIN & JOHN M. LEVENTHAL, JJ.

(Ind. No. 3719/02)

DECISION & ORDER

ORDERED that the judgment, as amended, is affirmed.

The defendant's contention that his waiver of the right to a jury trial was inadequate is unpreserved for appellate review (see CPL 470.05[2]; People v Magnano, 77 NY2d 941, cert denied 502 US 864). In any event, the record does not support the defendant's contention that the waiver was invalid, as he executed a written waiver in open court, which was approved by the trial justice, and the circumstances surrounding the waiver supported the conclusion that it was made knowingly, voluntarily, and intelligently (see CPL 320.10[2]; People v Smith, 6 NY3d 827, 828, cert denied 548 US 905; People v Fani, 59 AD3d 460; People v Jones, 293 AD2d 627).

DILLON, J.P., FLORIO, BALKIN and LEVENTHAL, JJ., concur.

20091201

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