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PEOPLE v. DOCKERY

61 A.D.2d 940 (1978)

The People of the State of New York, Respondent, v. Nicholas Dockery, Appellant

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

March 21, 1978

On the facts of this case, the two counts are inclusory concurrent counts. Where the verdict is comprised of inclusory concurrent counts, a verdict of guilty on the greater is deemed a dismissal of the lesser count. (CPL 300.40, subd 3, par [b]; People v Grier, 37 N.Y.2d 847; People v Diaz, 56 A.D.2d 557.) We have examined the points raised by appellant and find them without merit. (See...

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