N.Y. Criminal Procedure Law § 320.10: Non-jury trial; when authorized

§ 320.10 Non-jury trial; when authorized.

1. Except where the indictment charges the crime of murder in the

first degree, the defendant, subject to the provisions of subdivision

two, may at any time before trial waive a jury trial and consent to a

trial without a jury in the superior court in which the indictment is

pending.

2. Such waiver must be in writing and must be signed by the defendant

in person in open court in the presence of the court, and with the

approval of the court. The court must approve the execution and

submission of such waiver unless it determines that it is tendered as a

stratagem to procure an otherwise impermissible procedural advantage or

that the defendant is not fully aware of the consequences of the choice

he is making. If the court disapproves the waiver, it must state upon

the record its reasons for such disapproval.