Does a combined sentence under Section 846 of the New York State Criminal Code apply to a defendant convicted of conspiracy to commit a drug trafficking offence?

At the time of Underwood's sentencing, our precedents recognized narcotics conspiracy as a lesser-included offense of a continuing criminal enterprise. See United States v. Young, 745 F.2d 733, 748-50 (2d Cir.1984). We allowed sentences under 846 and 848 to be combined on the understanding that the 846 conviction did not "exist ... separate[ly]" and had no "collateral consequences" while the 848 conviction remained in place. United States v. Aiello, 771 F.2d 621, 633, 634 n. 6 (2d Cir.1985) (internal quotations omitted). The "combined lesser conviction could not properly be considered, for instance, in determining a defendant's eligibility for parole, in sentencing him in the future under a recidivist statute or in impeaching his credibility at a later trial." Id. at 633-34. Only if the greater conviction were vacated would we "resuscitate the lesser conviction and permit punishment for the lesser crime." Id. at 634.