In State v. Wyman, 232 N.J.Super. 565, 557 A.2d 1043 (App.Div. 1989), the Court set forth what would constitute a valid waiver of the right to a jury trial where the defendant had not expressly articulated in writing his desire for a bench trial. In Wyman, we determined that the mere fact that waiver of a jury trial was not in writing would not fatally taint a subsequent bench trial. Id. at 568, 557 A.2d 1043. The Court said: The requirement of R. 1:8-1(a) that a defendant's waiver of a jury trial be in writing is not jurisdictional and the failure to comply therewith will not constitute a fatal defect in the conviction where the defendant in open court expressly and understandingly personally waives his right to a jury trial. See State v. Paolino, 110 N.J.Super. 284, 285, 265 A.2d 398 (App.Div.1970), certif. denied, 57 N.J. 127, 270 A.2d 30 (1970). See also United States v. Saadya, 750 F.2d 1419, 1420 (9th Cir.1985). Cf. State v. Ciniglio, 57 N.J.Super. 399, 404-406, 154 A.2d 845 (App.Div.1959), certif. denied,31 N.J. 295, 157 A.2d 364 (1960). A defendant's mere acquiescence in proceeding without a jury, however, is not sufficient to constitute a waiver of his right to a jury trial. See Landry v. Hoepfner, 818 F.2d 1169, 1178 (5th Cir.1987), rev'd on other grounds on reh'g en banc, 840 F.2d 1201 (5th Cir.1988), cert. denied, 489 U.S. 1083, 109 S.Ct. 1540, 103 L.Ed.2d 844 (1989). Ibid.