Judgment unanimously reversed on the law and as a matter of discretion in the interest of justice and indictment dismissed.
Memorandum:
Defendant appeals from a judgment convicting him, following a nonjury trial, of grand larceny in the fourth degree. As the People concede, the conviction must be reversed because defendant did not effectively waive his right to a jury trial (see, CPL 320.10 [2]; People v Zawistowski,
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