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THE PEOPLE, ETC., RESPONDENT, v. TITO DAVIS, APPELLANT. (IND. NO. 97-01723)

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the Trial Judge failed to conduct an adequate inquiry into the basis for his waiver of a jury trial is unpreserved 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. Ospina, 192 A.D.2d 680, 681; People v. Pelaccio, 159 A.D.2d 734, 735). In any event, the defendant's written waiver of his right to a jury trial was signed and acknowledged in open court (see, CPL 320.10; People v. Magnano, supra; People v. Pelaccio, supra), and the Trial Judge conducted a sufficient inquiry to ensure that the defendant understood the consequences of his actions (see, People v. Pelaccio, supra).

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PEOPLE v. DAVIS
(Nov 6, 2000)