N.Y. Criminal Procedure Law § 300.30: Court's charge; submission of indictment to jury; definitions of terms

§ 300.30 Court's charge; submission of indictment to jury; definitions

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.