from The Century Dictionary and Cyclopedia
- Inclusive: as, between the two inclusory extremes.
- Including several elements: as, one inclusory statement.
Sorry, no etymologies found.
The Court applied CPL §§ 300.30 and 300.40 and concluded that Murder in the Second Degree is always an inclusory concurrent count of Murder in the First Degree.
The appellate remedy for inclusory concurrent counts is equivalent to a cure looking for a disease.
Meanwhile, there is no harm being addressed by dismissing inclusory concurrent counts.
Miller, 2006 NY Slip Op 01194, the Court of Appeals considered the issue of what makes an offense a lesser included offense and thus subject to dismissal as an inclusory concurrent count.
I think CPL 470.15[a] prevents the type of chicanery raised elsewhere in the comments, i.e. a defendant getting an M2 conviction dismissed as an inclusory concurrent of M1 and then on a separate appeal getting the M1 reversed and dismissed for legally insufficient evidence.
Just before a case goes to the jury, the judge decides to dismiss some counts that he thinks are inclusory or just superfluous.
Equivalently, because any real explanation of reality is contained in reality itself, reality gives rise to a paradox unless regarded as an inclusory self-mapping. something tells me they have but arent saying anything. or wont say anything when they do.
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