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MURDER SECOND DISMISSED AS INCLUSORY CONCURRENT COUNT OF MURDER FIRST (SECOND DEPT).

The Second Department noted that the murder second degree conviction should have been dismissed as an inclusory concurrent count of murder first degree:

… [T]he defendant’s conviction of murder in the second degree pursuant to Penal Law § 125.25(1) under count 2 of the indictment, as well as the sentence imposed thereon, must be vacated and that count dismissed because that charge constitutes an inclusory concurrent count of the conviction of murder in the first degree pursuant to Penal Law § 125.27(1)(a)(viii) (see CPL 300.40[3][b] …). People v Morel, 2021 NY Slip Op 04032, Second Dept 6-23-21

 

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