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PEOPLE v. MAGNANO

158 A.D.2d 979 (1990)

The People of the State of New York, Respondent, v. Michael Magnano, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 2, 1990

Judgment unanimously affirmed.

Memorandum:

The waiver of jury trial signed by defendant and his attorney, and approved by the Judge, states that it was executed "in open court before the undersigned Judge". No assertion by defendant to the contrary is found in the record. Thus, defendant's claim of error with respect to the procedure followed in approving the waiver is not preserved for review (see, CPL 470.05 [2]; see, People v Johnson

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