Opinion
570573/14
10-18-2019
The PEOPLE of the State of New York, Respondent, v. Djamilatou GOUNWAGOU, Defendant-Appellant.
Per Curiam.
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.