Sexual abuse and sexual misconduct are "inclusory concurrent counts" with sodomy in the first degree. (CPL 300.30, subd. 4.) As such, a finding of guilt upon the greatest count mandates a dismissal of the lesser counts (CPL 300.40, subd. 3, par. [b]). (See People v. Pyles,
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PEOPLE v. DE JESUS
46 A.D.2d 868 (1974)
The People of the State of New York, Respondent, v. Juan De Jesus, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
December 9, 1974
December 9, 1974
Appellate Division of the Supreme Court of the State of New York, First Department.
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