New York Consolidated Laws, Criminal Procedure Law - CPL § 300.30 Court's charge; submission of indictment to jury; definitions of terms

1. “Submission of a count” of an indictment means submission of the offense charged therein, or of a lesser included offense, or submission in the alternative of both the offense charged and a lesser included offense or offenses. When the court “submits a count,” it must, at the least, submit the offense charged therein if such is supported by legally sufficient trial evidence, or if it is not, the greatest lesser included offense which is supported by legally sufficient trial evidence.

2. “Consecutive counts” means two or more counts of an indictment upon which consecutive sentences may be imposed in case of conviction thereon.

3. “Concurrent counts” means two or more counts of an indictment upon which concurrent sentences only may be imposed in case of conviction thereon.

4. “Inclusory concurrent counts.” Concurrent counts are “inclusory” when the offense charged in one is greater than any of those charged in the others and when the latter are all lesser offenses included within the greater. All other kinds of concurrent counts are “non-inclusory.”

5. “Inconsistent counts.” Two counts are “inconsistent” when guilt of the offense charged in one necessarily negates guilt of the offense charged in the other.