People v. Aponte

Appeal by the defendant from a *680judgment of the Supreme Court, Queens County (Bianchi, J.), rendered September 17, 1987, convicting him of burglary in the third degree and criminal mischief in the fourth degree, after a nonjury trial, and imposing sentence.

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 NY2d 986; People v Davidson, 123 AD2d 782, lv denied 69 NY2d 826). In any event, the record reveals that the defendant, who was…