PEOPLE v. BORDAS

As we previously found on the codefendant's appeal ( People v Mendez, 221 A.D.2d 162, 163), it was proper in these circumstances for the trial court to have inquired whether the jury, after deliberating for hours, had agreed upon a verdict as to any of the multiple counts submitted, and in then accepting a partial verdict and granting the prosecutor's motion to dismiss the remaining count.

We perceive no abuse of discretion in sentencing.

Concur — Rosenberger, J.P., Wallach, Rubin, Kupferman and Tom, JJ.