On the facts in the record, possession of a weapon as a misdemeanor was a lesser inclusory count of murder. There was no proof of possession independent of the crime of murder. A conviction upon the higher offense is deemed a dismissal of the lesser offense submitted to the jury. CPL 300.40 (subd 3, par [b]) and the People...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.