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300 30 — New York Law | CourtGPT
  1. Home/
  2. Laws/
  3. New York/
  4. Title P - Procedures for Securing Attendance at Criminal Actions and Proceedings of Defendants and Witnesses Under Control of Court--recognizance, Bail/
  5. Part 2 - the Principal Proceedings/
  6. Title J - Prosecution of Indictments in Superior Courts--plea to Sentence/
  7. Article 300 - Jury Trial--court's Charge and Instructions to Jury300.10 - Court's Charge; in General/
  8. 300 30
New York Legal Code
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.

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.

300 30

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