| People v Windley |
| 2007 NY Slip Op 09892 [46 AD3d 326] |
| December 13, 2007 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Anthony Windley, Appellant. |
—[*1]
Robert T. Johnson, District Attorney, Bronx (Bryan C. Hughes of counsel), for
respondent.
Based on our "analysis of competing inferences presented by the record" (People v Brown, 90 NY2d 872, 874 [1997]), we find that defendant consented to the court's submission of written instructions to the deliberating jury, in response to its request for such instructions (see CPL 310.30).
The court properly exercised its discretion in sentencing defendant as a persistent felony offender, and we perceive no basis to reduce the sentence. The adjudication procedure was constitutional (People v Rivera, 5 NY3d 61 [2005], cert denied 546 US 984 [2005]). Concur—Friedman, J.P., Marlow, Nardelli and Catterson, JJ.