Judgment affirmed. This case is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).
A defendant in a criminal trial may waive his right to a jury trial only "by a written instrument signed by the defendant in person in open court before and with the approval of a judge or justice of a court having jurisdiction to try the offense" (NY Const, art I, § 2; see, CPL 320.10 [2]). After conducting a hearing pursuant...
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