PEOPLE v. GOUNWAGOU (2019)

Supreme Court, Appellate Term, New York.

The PEOPLE of the State of New York, Respondent, v. Djamilatou GOUNWAGOU, Defendant-Appellant.

570573 /14

Decided: October 18, 2019

PRESENT: Ling-Cohan, J.P., Gonzalez, J.

Judgment of conviction (John H. Wilson, J.), rendered May 7, 2014, affirmed.

Criminal Court dismissed one of the two second-degree harassment counts as multiplicitous, based upon its determination that a single offense was charged in the two counts (see People v. Alonzo, 16 NY3d 267, 269-270 [2011]). Contrary to defendant's claim, this dismissal on multiplicity grounds did not constitute an amendment of the accusatory instrument in violation of CPL 100.45(3) (see People v. Frascone, 271 AD2d 333 [2000]; People v. Del—Debbio, 244 AD2d 195 [1997], lv denied 91 NY2d 925 [1998]). In point of fact, the proper remedy for multiplicitous counts is dismissal of all but one of the affected counts (see People v. VanGorden, 147 AD3d 1436, 1439 [2017], lv denied 29 NY3d 1037 [2017]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

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