AD1 order dated October 6, 2011, affirming judgment of conviction. Decision below: 88 A.D.3d 463. Smith, J. granted leave April 11, 2012. ISSUE PRESENTED: Whether the Appellate Division erred in holding that the defendant did no provide a record sufficient to permit review of an O'Rama claim, and that one can infer that defense counsel was apprised of the contents of the jury note during an unrecorded conversation. (Assigned counsel: Steven Banks, Legal Aid Society, Criminal Appeals Bureau, 199 Water Street, NYC 10038.)

O'Rama claim