Where an offense charged in one count is greater than any charged in the other counts, and when the lesser offense is necessarily included in the greater offense, the lesser offense is described as an "inclusory concurrent count". A verdict of guilty upon the greater offense is deemed a dismissal of every inclusory concurrent count (CPL 300.40, subd. 3, par. [b]). Therefore, in the instant case, conviction of the crimes of criminal sale of a dangerous drug in the third degree...
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