People v. George

As correctly conceded by the People, the two counts of robbery in the third degree were inclusory concurrent counts of the robbery in the first degree count and one count of robbery in the second degree (see CPL 300.30 [4]; People v Hutson, 43 AD3d 959 [2007], lv denied 9 NY3d 1006 [2007]; People v Curry, 302 AD2d 538 [2003]; People v Boyer, 295 AD2d 529 [2002]). A verdict of guilt upon the greater count is deemed a dismissal of every lesser count (see CPL 300.40 [3]). Therefore, the convictions of robbery in the third degree must be vacated and those counts of the indictment dismissed (see…