PEOPLE v. STEPHENS

Judgment unanimously affirmed. Memorandum: Defendant's conviction of rape in the first degree is supported by legally sufficient evidence (see, Penal Law § 130.00; People v Thompson, 72 N.Y.2d 410, 415-416; People v. Bleakley, 69 N.Y.2d 490, 495).

The validity of defendant's challenge to the procedure followed in approving his waiver of a jury trial cannot be determined on this record and must be established, "if at all, by facts outside the trial record in a proceeding maintainable under CPL 440.10" (People v. Johnson, 51 N.Y.2d 986, 988; see also, People v McDaniel, 161 A.D.2d 1125, lv denied 76 N.Y.2d 861; People v Davidson, 123 A.D.2d 782, 783, lv denied 69 N.Y.2d 826).