Defendant was charged in two counts with causing the death of a pedestrian by striking her with an automobile, a manslaughter count describing his conduct as reckless, and a criminally negligent homicide count describing his conduct as criminally negligent. The District Attorney concedes that, on the facts of this case, the two counts were "inclusory concurrent counts" as defined by CPL 300.30 (4). Accordingly, a verdict of guilty on the manslaughter count must be deemed a dismissal of the lesser criminally negligent homicide count (CPL 300.40 [b]; see, People v Grier, 37 N.Y.2d 847).
We have reviewed defendant's other points on appeal and find them without merit.
Concur — Sullivan, J.P., Ross, Carro, Milonas and Wallach, JJ.