New York Laws
Article 300 - Jury Trial--Court's Charge and Instructions to Jury
300.30 - Court's Charge; Submission of Indictment to Jury; Definitions of Terms.

of terms.

The following definitions are applicable to this article:

1. "Submission of a count" of an indictment means submission of the
offense charged therein, or of a lesser included offense, or submission
in the alternative of both the offense charged and a lesser included
offense or offenses. When the court "submits a count," it must, at the
least, submit the offense charged therein if such is supported by
legally sufficient trial evidence, or if it is not, the greatest lesser
included offense which is supported by legally sufficient trial
evidence.

2. "Consecutive counts" means two or more counts of an indictment
upon which consecutive sentences may be imposed in case of conviction
thereon.

3. "Concurrent counts" means two or more counts of an indictment upon
which concurrent sentences only may be imposed in case of conviction
thereon.

4. "Inclusory concurrent counts." Concurrent counts are "inclusory"
when the offense charged in one is greater than any of those charged in
the others and when the latter are all lesser offenses included within
the greater. All other kinds of concurrent counts are "non-inclusory."

5. "Inconsistent counts." Two counts are "inconsistent" when guilt
of the offense charged in one necessarily negates guilt of the offense
charged in the other.

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