Opinion
September 27, 1988
Appeal from the Supreme Court, Erie County, Celli, J.
Present — Doerr, J.P., Denman, Green, Pine and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that the People's proof was insufficient to sustain his conviction of the crime of robbery in the third degree (Penal Law § 160.05). His primary contention is that the testimony of the 12-year-old witness was not credible. The determination of a witness's credibility is left to the trier of fact who has the advantage of hearing and observing the witnesses (People v Shedrick, 104 A.D.2d 263, 274, affd 66 N.Y.2d 1015, rearg denied 67 N.Y.2d 758). We find no basis to disturb the court's determination of the witness's credibility (see, People v Christian, 139 A.D.2d 896). Viewed in the light most favorable to the People, the evidence is sufficient to support defendant's conviction.
Defendant further contends that the trial court erred in accepting his written jury waiver. Because there was nothing to indicate that defendant did not understand the consequences of his waiver, the court's acceptance of the waiver upon limited inquiry was sufficient (see, People v Burnett, 136 A.D.2d 888, lv denied 70 N.Y.2d 1004; People v Dominy, 116 A.D.2d 851, 852, lv denied 67 N.Y.2d 942).
We have reviewed defendant's remaining contentions and find them to be without merit.