When reviewing a conviction upon a guilty plea to an impossible crime, can an accused waive a statutory right to a jury?

However, contrary to the majority's holding, I do not believe the mandatory language of section 70.25 (subd. 3) is dispositive of the matter. I would hold that an accused may knowingly and intelligently waive a statutory right which was enacted for his own protection. As we noted in an analogous situation, when reviewing a conviction, upon a guilty plea to attempted manslaughter, an impossible crime: 'The defendant declined to risk his chances with a jury. He induced the proceeding of which he now complains. He made no objection or complaint when asked in the presence of his counsel whether he had any legal cause to show why judgment should not be pronounced against him, and judgment was thereafter pronounced. As a result, the range of sentence which the court could impose was cut in half--a substantial benefit to defendant.' (People v. Foster, 19 N.Y.2d 150, 153, 278 N.Y.S.2d 603, 604, 225 N.E.2d 200, 201.)