PEOPLE v. COX


46 A.D.2d 641 (1974)

The People of the State of New York, Respondent, v. Charles Cox, True Name Richard Cunningham, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 31, 1974


CPL 300.40 (subd. 3, par. [b]) provides in substance that a verdict of guilty on the greater of two or more inclusory concurrent counts of an indictment is deemed a dismissal of every lesser count submitted. In the case at bar defendant pled guilty to all counts in the indictment. CPL 220.10 (subd. 2) permits a defendant to plead guilty to the "entire indictment." Herein the grand larceny counts are inclusory concurrent counts of the robbery. While it is true that...

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