ATTEMPTED SECOND DEGREE MURDER COUNT MUST BE DISMISSED AS AN INCLUSORY CONCURRENT COUNT OF ATTEMPTED FIRST DEGREE MURDER (FOURTH DEPT).

The Fourth Department determined the attempted second degree murder count must be dismissed as an inclusory concurrent count of attempted first degred murder:

… [T]he part of the judgment convicting defendant of attempted murder in the second degree must be reversed and count two of the indictment dismissed because attempted murder in the second degree is an inclusory concurrent count of attempted murder in the first degree … . People v Mcdonald, 2020 NY Slip Op 07825, Fourth Dept 12-23-20