PEOPLE v. ANTHONY

Based on our "analysis of competing inferences presented by the record" ( People v Brown, 90 NY2d 872, 874), 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, cert denied 546 US 984).