Torres

Defendant Alfred Torres, charged with the murder of one John Rosales, 1 was found guilty of murder in the first degree by the court sitting without a jury. Defendant, who was sentenced to life imprisonment, appeals on the following grounds.- (1) the evidence is insufficient to sustain a finding of first degree murder; (2) he was not properly represented by counsel; and (3) he was not advised as to the effect of his waiver of trial by jury.

The procedure leading up to defendant’s trial and conviction was as follows: Defendant appeared at his arraignment and entered his plea of “not guilty” while accompanied by an attorney, although that attorney was not the one who represented him at the trial. At the outset of the trial, defendant, with the approval of his counsel, waived his right to a jury trial. By stipulation the ease was submitted on the transcript of the preliminary hearing, both sides reserving the right to offer additional evidence at the trial, which was thereupon continued until a later date. At the trial the People presented six witnesses; the defense three, including *737 the defendant. 2 The testimony covered approximately 115 pages.

During the evening and early…