New York § 300.30 Court's charge; submission of indictment to jury; definitions of terms

New York Statutes

§ 300.30 — Court's charge; submission of indictment to jury; definitions of terms

New York § 300.30

JurisdictionNew York

Law CPLCriminal Procedure

Title JProsecution of Indictments In Superior Courts--plea to Sentence

Part 2The Principal Proceedings

Art. 300Jury Trial--court's Charge and Instructions to Jury

This text of New York § 300.30 (Court's charge; submission of indictment to jury; definitions of terms) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Criminal Procedure § 300.30 (2026).

Text

§ 300.30  Court's charge; submission of indictment to jury; definitions\n             of terms.\n  The following definitions are applicable to this article:\n  1.  "Submission of a count" of an indictment means submission of the\noffense charged therein, or of a lesser included offense, or submission\nin the alternative of both the offense charged and a lesser included\noffense or offenses.  When the court "submits a count," it must, at the\nleast, submit the offense charged therein if such is supported by\nlegally sufficient trial evidence, or if it is not, the greatest lesser\nincluded offense which is supported by legally sufficient trial\nevidence.\n  2.  "Consecutive counts" means two or more counts of an indictment\nupon which consecutive sentences may be imposed in case of convictio

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§ 300.30 Court's charge; submission of indictment to jury; definitions\n of terms.\n The following definitions are applicable to this article:\n 1. "Submission of a count" of an indictment means submission of the\noffense charged therein, or of a lesser included offense, or submission\nin the alternative of both the offense charged and a lesser included\noffense or offenses. When the court "submits a count," it must, at the\nleast, submit the offense charged therein if such is supported by\nlegally sufficient trial evidence, or if it is not, the greatest lesser\nincluded offense which is supported by legally sufficient trial\nevidence.\n 2. "Consecutive counts" means two or more counts of an indictment\nupon which consecutive sentences may be imposed in case of conviction\nthereon.\n 3. "Concurrent counts" means two or more counts of an indictment upon\nwhich concurrent sentences only may be imposed in case of conviction\nthereon.\n 4. "Inclusory concurrent counts." Concurrent counts are "inclusory"\nwhen the offense charged in one is greater than any of those charged in\nthe others and when the latter are all lesser offenses included within\nthe greater. All other kinds of concurrent counts are "non-inclusory."\n 5. "Inconsistent counts." Two counts are "inconsistent" when guilt\nof the offense charged in one necessarily negates guilt of the offense\ncharged in the other.\n