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PEOPLE v. MEDINA

56 A.D.2d 771 (1977)

The People of the State of New York, Respondent, v. Jose Medina, Appellant

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

March 10, 1977

In the case at bar, the possession and use of a knife by the defendant during the commission of the burglary constituted a lesser offense included within a greater offense and must therefore be considered as an inclusory concurrent count (CPL 300.30, subd 4). A verdict of guilty as to the greater count of burglary is deemed a dismissal of the lesser count of possession of a weapon (CPL 300.40, subd 3, par [b]; People v Grier, 37 N.Y.2d 847

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