The court's inadvertent submission of the attempted murder count, which had been dismissed prior to trial, was rendered harmless by defendant's acquittal on that count. Inadvertent submission of a count not contained in the indictment requires no further remedy than the one supplied by the jury's verdict (see, People v Scott,
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PEOPLE v. GRANT
210 A.D.2d 166 (1994)
620 N.Y.S.2d 358
The People of the State of New York, Respondent, v. Lowell S. Grant, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
December 22, 1994
December 22, 1994
Appellate Division of the Supreme Court of the State of New York, First Department.
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