Opinion
Argued April 14, 2000.
May 22, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Robinson, J.), rendered March 19, 1998, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M, Castellano, Nicoletta J. Caferri, and Gavin L. Walcott of counsel), for respondent.
Before: DANIEL W. JOY, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the court's submission of the verdict sheet to the jury did not constitute error. The verdict sheet, which included the offense to be considered and the possible verdicts, was entirely neutral. It complied with CPL 310.20(2) and did not undermine the defendant's presumption of innocence (see, CPL 310.20; cf., People v. Spivey, 81 N.Y.2d 356; People v. Taylor, 76 N.Y.2d 873; People v. Piazza, 48 N.Y.2d 151; People v. Koschtschuk, 119 A.D.2d 994). There was no risk that the deliberative process or the ultimate determination of guilt was in any way affected by the verdict sheet (see, People v. Plummer, 237 A.D.2d 387).
JOY, J.P., GOLDSTEIN, H. MILLER and SCHMIDT, JJ., concur.