People v. Melfa

—Judgment unanimously affirmed. Memorandum: Defendant was convicted after a bench trial of rape in the first degree (Penal Law § 130.35 [3]), sodomy in the first degree (Penal Law § 130.50 [3]) and *858endangering the welfare of a child (Penal Law § 260.10), in connection with the sexual assault of a four-year-old girl. The contentions of defendant concerning his waiver of a jury trial have not been preserved for our review (see, CPL 470.05 [2]; People v Tamarez, 213 AD2d 261, 262, lv denied 85 NY2d 981), and we decline to exercise our power to address them as a matter of discretion in the…