
    The People of the State of New York, Respondent, v Max Walker, Also Known as Mack Walker, Appellant.
   Defendant appeals from a judgment of the Supreme Court, Kings County, rendered July 7, 1975, convicting him of rape in the first degree, sodomy in the first degree, sexual abuse in the first degree, sexual misconduct (two counts), attempted robbery in the second degree and attempted grand larceny in the third degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the convictions of sexual abuse in the first degree, sexual misconduct (two counts), and attempted grand larceny in the third degree and the sentences imposed thereon, and the said counts are dismissed. As so modified, judgment affirmed. Under the facts of this case, sexual abuse in the first degree and sexual misconduct (Count No. 5) are inclusory concurrent counts of sodomy in the first degree (see People v De Jesus, 46 AD2d 868; People v Kalicki, 49 AD2d 1032), sexual misconduct (Count No. 3) is an inclusory concurrent count of rape in the first degree (see CPL 300.30, subd 4) and attempted grand larceny in the third degree is an inclusory concurrent count of attempted robbery in the second degree (see CPL 300.30, subd 4; cf. People v God, 56 AD2d 636). As such, we are, sua sponte, dismissing the inclusory concurrent counts (see CPL 300.40, subd 3, par [b]). We find no merit in the other contentions raised by the defendant. Hopkins, J. P., Martuscello, Gulotta and Shapiro, JJ., concur.  