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PEOPLE v. SILVA

2009-06790

91 A.D.3d 675 (2012)

935 N.Y.S.2d 891

2012 NY Slip Op 230

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS SILVA, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 10, 2012.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that his waiver of the right to a jury trial was inadequate (see CPL 470.05 [2]; People v Magnano, 77 N.Y.2d 941 [1991], cert denied 502 U.S. 864 [1991]). 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...

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