PEOPLE v. DANIELS (1997)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Respondent, v. Aaron DANIELS, Appellant.

Decided: November 19, 1997

Before PINE, J.P., and LAWTON, HAYES, CALLAHAN and BOEHM, JJ.

Edward J. Nowak by Drew DuBrin, Rochester, for appellant. Howard R. Relin by Mark Pedersen, Rochester, for respondent.

Defendant appeals from a judgment convicting him of murder in the second degree (Penal Law § 125.25[2] ). We reject the contention of defendant that Supreme Court erred in providing the jury with an annotated verdict sheet in the absence of defendant's express consent thereto; by his silence, defendant impliedly consented to the submission of the annotated verdict sheet (see, People v. Brown, 90 N.Y.2d 872, 661 N.Y.S.2d 596, 684 N.E.2d 26; cf., People v. Richardson, 234 A.D.2d 952, 652 N.Y.S.2d 173, lv. denied 89 N.Y.2d 988, 656 N.Y.S.2d 747, 678 N.E.2d 1363).

We have reviewed the remaining contentions of defendant, raised in his pro se supplemental brief, and conclude that they are without merit.

Judgment unanimously affirmed.

MEMORANDUM:

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