PEOPLE v. JACKSON

ORDERED that the judgment is affirmed.

"An indictment is multiplicitous when `two separate counts * * * charge the same crime' * * * Multiplicity does not exist, however, `if each count requires proof of an additional fact that the other does not'" ( People v. Demetsenare, 243 A.D.2d 777, 779-780, quoting People v. Kindlon, 217 A.D.2d 793, 794-795). Here, there is no multiplicity since the counts involved allege violations of different provisions of the Penal Law. Each count, therefore, requires proof of at least one fact that the others do not.

The defendant's remaining contentions are without merit.

S. MILLER, J.P., O'BRIEN, FRIEDMANN, and FLORIO. JJ., concur.