On the facts of this case, defendant could not have committed the robbery without also committing the grand larceny and assault. Those are inclusory and concurrent counts (CPL 300.30, subd 4). "Where the verdict is comprised of inclusory concurrent counts a verdict of guilty on the greatest count is deemed a dismissal of every lesser count (CPL 300.40, subd 3, par [b])." (People v Grier,
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PEOPLE v. HALL
65 A.D.2d 540 (1978)
The People of the State of New York, Respondent, v. Frederick Hall, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
October 24, 1978
October 24, 1978
Appellate Division of the Supreme Court of the State of New York, First Department.
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