Ordered that the judgment is affirmed.
The defendant's contention that he did not knowingly or intelligently waive his right to a jury trial is not preserved for appellate review (see, People v. Johnson, 51 N.Y.2d 986; People v. Davidson, 123 A.D.2d 782, lv denied 69 N.Y.2d 826). In any event, the record reveals that the defendant, who was represented by an attorney, signed the waiver form in open court after an inquiry by the court as to his understanding of the consequences of his choice (see, People v. Harris, 133 A.D.2d 649, lv denied 70 N.Y.2d 932; see generally, People v. Davis, 49 N.Y.2d 114). If there are matters dehors the record which call into question the court's approval of the waiver, the defendant's remedy is to make an application pursuant to CPL 440.10 (see, People v. Johnson, supra). Weinstein, J.P., Bracken, Kunzeman and Rubin, JJ., concur.