PEOPLE v. HINTON

ORDERED that the judgment is affirmed.

The defendant's contention that her waiver of the right to a jury trial was inadequate and ineffective is not preserved for appellate review ( see CPL 470.05; People v. Magnano, 77 N.Y.2d 941, cert denied 502 U.S. 864; People v. Johnson, 51 N.Y.2d 986; People v. Brunson, 307 A.D.2d 323, 324). In any event, her contention is without merit. After the defendant discussed the matter with counsel, she signed a waiver form and submitted it while the trial judge was still on the bench. In addition, the trial judge carefully questioned the defendant, on the record in open court, as to her knowledge and awareness of her right to a jury trial and the consequences of her waiver. The defendant also acknowledged, on the record in open court, that it was her signature on the waiver form ( see People v. Brunson, supra; People v. Perez, 213 A.D.2d 351; People v. Ospina, 192 A.D.2d 680).

The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 83).

RITTER, J.P., KRAUSMAN, LUCIANO and COZIER, JJ., concur.