—[*1] Lynn W.L. Fahey, New York, N.Y. (Denise A. Corsí of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Josette Simmons-McGhee of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered July 7, 2005, as amended March 19, 2007, convicting him of assault in the second degree and resisting arrest, after a nonjury trial, and imposing sentence.

Ordered that the judgment, as amended, is affirmed.

The defendant's contention that his waiver of the right to a jury trial was inadequate is unpreserved for appellate review (see CPL 470.05 [2]; People v Magnano, 77 NY2d 941 [1991], cert denied 502 US 864 [1991]). In any event, the record does not support the defendant's contention that the waiver was invalid, as he executed a written waiver in open court, which was approved by the trial justice, and the circumstances surrounding the waiver supported the conclusion that it was made knowingly, voluntarily, and intelligently (see CPL 320.10 [2]; People v Smith, 6 NY3d 827, 828 [2006], cert denied 548 US 905 [2006]; People v Fani, 59 AD3d 460 [2009]; People v Jones, 293 AD2d 627 [2002]). Dillon, J.P., Florio, Balkin and Leventhal, JJ., concur.