PEOPLE v. McKNIGHT

Ordered that the judgment is affirmed.

We agree with the People that the defendant's challenge to the validity of his waiver of the right to a jury trial has not been preserved for appellate review (see, CPL 470.05; People v Magnano, 77 N.Y.2d 941, affg 158 A.D.2d 979, cert denied ___ US ___, 112 S Ct 189; People v Johnson, 51 N.Y.2d 986; People v Ospina, 192 A.D.2d 680; People v Pelaccio, 159 A.D.2d 734; People v Sierra, 143 A.D.2d 1065). In any event, the record adequately demonstrates that the defendant's written jury waiver was made knowingly and voluntarily in open court (see, People v Magnano, 158 A.D.2d 979, supra; People v Ospina, supra). Thompson, J.P., Balletta, Miller and Joy, JJ., concur.