New York statute
N.Y. Criminal Procedure Law § 300.30 — Court's charge; submission of indictment to jury; definitions of terms
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 300: Jury Trial--court's Charge and Instructions to Jury, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 300.30
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.