It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Supreme Court, Erie County, for a reconstruction hearing in accordance with the following memorandum: Defendant appeals from a judgment convicting him after a nonjury trial of burglary in the second degree (Penal Law § 140.25), criminal possession of stolen property in the fifth degree (§ 165.40), criminal mischief in the fourth degree (§ 145.00 [1]) and possession of burglar's tools (§ 140.35). Defendant contends, inter alia, that he did not sign the waiver of his right to a jury trial in open court, as required by NY Constitution, article I, § 2 and CPL 320.10 (2) ( see People v Page, 88 NY2d 1, 9-10; People v Finkle, 262 AD2d 971, 972). We are unable to determine on the record before us whether the waiver was signed in open court, and a reconstruction hearing thus is necessary ( see People v Basora, 90 AD2d 851). We therefore hold the case, reserve decision and remit the matter to Supreme Court for a reconstruction hearing on that issue.