Opinion
September 22, 1992
Appeal from the Supreme Court, Bronx County (David Stadtmauer, J.).
Defendant was arrested after he robbed his sister at gunpoint in her bedroom of her hidden savings. She testified that, despite having a sizable bank account, she kept cash at home in anticipation of specific purchases. We find no abuse of discretion in the court ruling which precluded, as collateral, an inquiry into the victim's post-robbery saving habits (People v Schwartzman, 24 N.Y.2d 241, 244, cert denied 396 U.S. 846). Defendant's challenge to the timeliness of the waiver of jury trial is meritless. (People v Magnano, 158 A.D.2d 979, affd for reasons stated 77 N.Y.2d 941.) The commencement of trial by the selection of some jurors does not render the waiver untimely or otherwise improper (see, CPL 320.10; People v Jones, 178 A.D.2d 244, lv denied 79 N.Y.2d 1050; People v Caldwell, 107 Misc.2d 62, 65-66).
Concur — Sullivan, J.P., Carro, Milonas, Wallach and Kupferman, JJ.