PEOPLE v. WINDLEY (2007)

Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered February 9, 2006, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third and seventh degrees and two counts of conspiracy in the fourth degree, and sentencing him, as a persistent felony offender, to an aggregate term of 20 years to life, unanimously affirmed.

Based on our “analysis of competing inferences presented by the record” (People v. Brown, 90 N.Y.2d 872, 874, 661 N.Y.S.2d 596, 684 N.E.2d 26 [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 N.Y.3d 61, 800 N.Y.S.2d 51, 833 N.E.2d 194 [2005], cert. denied 546 U.S. 984, 126 S.Ct. 564, 163 L.Ed.2d 473 [2005] ).