2006 New York Code - Court\'s Charge; Submission Of Indictment To Jury; Definitions Of Terms.

 
  §  300.30  Court's charge; submission of indictment to jury; definitions
               of terms.
    The following definitions are applicable to this article:
    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.