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; 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; People v Smith, 6 NY3d 827, 828, cert denied 548 US 905; People v Fani, 59 AD3d 460; People v Jones, 293 AD2d 627).