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THE SECOND DEGREE MURDER COUNTS SHOULD HAVE BEEN DISMISSED AS INCLUSORY CONCURRENT COUNTS OF THE FIRST DEGREE MURDER COUNTS (FIRST DEPT).

The First Department noted that the second-degree murder counts must be dismissed as inclusory concurrent counts of the first-degree murder counts:

As the People concede, the second-degree murder counts should be dismissed as inclusory concurrent counts of the first-degree murder counts (see CPL 300.40[3][b]). People v Ortega, 2022 NY Slip Op 00828, First Dept 2-8-22

 

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