Ordered that the judgment is affirmed.
The verdict sheet that was submitted to the jury was proper. It contained no reference to any of the elements of the crimes charged and merely instructed the jury not to consider a lesser-included offense unless the defendant was found not guilty of the charged offense ( see, People v. Cole, 85 N.Y.2d 990; People v. Daughtry, 202 A.D.2d 686; People v. Vargas, 199 A.D.2d 291, 292; see also, People v. Harrison, 85 N.Y.2d 891). There was no risk that the deliberative process or the "ultimate guilt determination" of the jury was affected by the verdict sheet ( People v. Duncan, 206 A.D.2d 541; see, People v. Andujar, 202 A.D.2d 316; cf., People v. Sotomayer, 79 N.Y.2d 1029; People v Taylor, 76 N.Y.2d 873).
The defendant's other contention is without merit. Rosenblatt, J.P., Miller, Thompson and Santucci, JJ., concur.