Ordered that the judgment is affirmed.
The trial court in this case charged the jury on six counts arising out of a single incident. These were "non-inclusory" concurrent counts (see, CPL 300.30 [4]). The court further instructed the jury to consider the counts in sequential order and to consider each count only after reaching a verdict of not guilty on the previous one.
The defendant argues that although these instructions would be proper in cases...
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