Is it possible to charge a person with the commission of a crime as in the case of a violation of section 1376 of the Penal Law?

It is argued in behalf of the defendants that it is not legally possible for the People to charge a person with the commission of a crime as in this case a violation of section 1376 of the Penal Law and at the same time to charge a conspiracy to commit the crime alleged to have been committed. The informations in question set forth separate and distinct criminal violations and in view of that fact it is within the province of the prosecution to determine as to whether it desires to prosecute either or both of the claimed violations. A conspiracy to commit a crime constitutes an independent crime, distinct from the crime contemplated and complete in itself. It consists of a series of acts which constitute the crime, and under such circumstances the facts that the information alleges overt acts constituting a crime, or that the evidence upon a trial discloses that the conspiracy was executed by the commission of a crime, will not prevent a conviction for the crime of conspiracy. The crime of conspiracy does not merge even though the conspiring crime has been consummated. (People v. Tavormina, 257 N.Y. 84.)