NY Crim Pro L § 20.40 (2021)
2021 New York Laws CPL - Criminal Procedure Part 1 - General Provisions Title C - General Principles Relating to Requirements for and Exemptions From Criminal Prosecution Article 20 - Geographical Jurisdiction of Offenses 20.40 - Geographical Jurisdiction of Offenses; Jurisdiction of Counties.

§ 20.40 Geographical jurisdiction of offenses; jurisdiction of counties.   A  person  may  be  convicted  in  an  appropriate criminal court of a particular county, of an offense of which the criminal  courts  of  this state  have  jurisdiction pursuant to section 20.20, committed either by his or her own conduct or by the conduct of another for which he or  she is legally accountable pursuant to section 20.00 of the penal law, when:   1. Conduct occurred within such county sufficient to establish:  (a) An element of such offense; or  (b) An attempt or a conspiracy to commit such offense; or   2.  Even though none of the conduct constituting such offense may have occurred within such county:  (a) The offense committed was a result offense and the result occurred in such county; or  (b) The offense committed was one of homicide and the victim's body or a part thereof was found in such county; or  (c) Such conduct had, or was likely to have, a particular effect  upon such  county  or  a  political  subdivision  or  part  thereof,  and was performed with intent that it would,  or  with  knowledge  that  it  was likely to, have such particular effect therein; or  (d)   The  offense  committed  was  attempt,  conspiracy  or  criminal solicitation to commit a crime in such county; or  (e) The offense  committed  was  criminal  facilitation  of  a  felony committed in such county; or   3. The offense committed was one of omission to perform a duty imposed by law, which duty either was required to be or could properly have been performed  in  such  county. In such case, it is immaterial whether such person was within or outside such county at the time of the omission; or   4. Jurisdiction of such offense is accorded  to  the  courts  of  such county pursuant to any of the following rules:  (a) An offense of abandonment of a child or non-support of a child may be  prosecuted  in (i) any county in which such child resided during the period of abandonment or non-support, or (ii) any county in  which  such person  resided  during  such  period, or (iii) any county in which such person was present during such period, provided that he was arrested for such offense  in  such  county  or  the  criminal  action  therefor  was commenced while he was present therein.  (b)  An  offense  of  bigamy may be prosecuted either in the county in which such offense was committed or in (i) any county in which  bigamous cohabitation  subsequently  occurred,  or  (ii) any county in which such person was present after the commission of the offense, provided that he was arrested for such offense in such  county  or  the  criminal  action therefor was commenced while he was present therein.  (c)  An offense committed within five hundred yards of the boundary of a particular county, and in an adjoining county of this  state,  may  be prosecuted in either such county.  (d) An offense committed anywhere on the Hudson river southward of the northern  boundary of New York City, or anywhere on New York bay between Staten Island and Long Island, may be prosecuted  in  any  of  the  five counties of New York City.  (e)  An  offense  committed  upon  any  bridge or in any tunnel having terminals in different  counties  may  be  prosecuted  in  any  terminal county.  (f)  An  offense  committed  on  board  a  railroad train, aircraft or omnibus operating as a common carrier may be prosecuted  in  any  county through  or  over which such common carrier passed during the particular trip, or in any county in which such trip terminated or was scheduled to terminate.  (g) An offense committed in a private vehicle during  a  trip  thereof extending  through  more than one county may be prosecuted in any county through which such vehicle passed in the course of such trip.  (h)  An offense committed on board a vessel navigating or lying in any river, canal or lake flowing through or situated within this state,  may be  prosecuted  in  any  county bordering upon such body of water, or in which it is located, or through which it passes; and if such offense was committed upon a vessel  operating  as  a  common  carrier,  it  may  be prosecuted  in  any  county  bordering upon any body of water upon which such vessel navigated or passed during the particular trip.  (i) An offense committed in the Atlantic  Ocean  within  two  nautical miles  from  the  shore  at  high  water  mark  may  be prosecuted in an appropriate court of the county the shore line of which  is  closest  to the  point  where the offense was committed. A crime committed more than two nautical miles from the shore but within the boundary of this  state may  be  prosecuted in the supreme court of the county the shore line of which is closest to the point where the crime was committed.  (j) An offense of forgery may be prosecuted in any county in which the defendant, or  another  for  whose  conduct  the  defendant  is  legally accountable  pursuant  to  section 20.00 of the penal law, possessed the instrument.  (k) An offense of offering of a false instrument  for  filing,  or  of larceny  by  means of a false pretense therein, may be prosecuted (i) in any county in which such instrument was executed, in whole or  in  part, or  (ii)  in  any county in which any of the goods or services for which payment or reimbursement is sought by  means  of  such  instrument  were purported to have been provided.  (l)  An  offense  of identity theft or unlawful possession of personal identifying information and all criminal acts committed as part  of  the same criminal transaction as defined in subdivision two of section 40.10 of this chapter may be prosecuted (i) in any county in which part of the offense  took  place  regardless  of  whether the defendant was actually present in such county, or (ii) in the county in which  the  person  who suffers  financial  loss  resided  at  the time of the commission of the offense, or  (iii)  in  the  county  where  the  person  whose  personal identifying  information  was  used  in  the  commission  of the offense resided  at  the  time  of  the  commission  of  the  offense.  The  law enforcement  agency of any such county shall take a police report of the matter and provide the complainant with a copy  of  such  report  at  no charge.  (m) An offense under the tax law or the penal law of filing a false or fraudulent  return, report, document, declaration, statement, or filing, or of tax evasion, fraud, or larceny resulting  from  the  filing  of  a false  or fraudulent return, report, document, declaration, or filing in connection with the payment  of  taxes  to  the  state  or  a  political subdivision  of  the  state, may be prosecuted in any county in which an underlying transaction reflected, reported or required to  be  reflected or  reported,  in  whole  or  part,  on  such  return, report, document, declaration, statement, or filing occurred.  (n) (i) An organized retail theft crime,  where  the  defendant  knows that  such  crime  is a part of a coordinated plan, scheme or venture of organized retail theft crimes committed by two or more persons,  may  be prosecuted  in any county in which such defendant committed at least one such organized retail theft crime; provided, however, that the county of prosecution is contiguous to another county in which one or more of such other organized retail theft crimes was  committed.  Multiple  organized retail theft crimes committed by the same defendant may be joined in one indictment   if  authorized  and  appropriate  in  accordance  with  the  provisions of section 200.20 of this chapter,  provided,  however,  that notwithstanding  section  200.40  of  this  chapter,  no  more  than one defendant may be charged in the same indictment or prosecuted as part of the same trial under this paragraph. For purposes of this paragraph, the five  counties  that  comprise  New York city shall be deemed contiguous with each other.  (ii) For purposes of this paragraph, "organized  retail  theft  crime" shall   mean   the   crime   of  larceny,  including  by  trick,  fraud, embezzlement, stealing or false  pretenses,  of  retail  merchandise  in quantities  that  would  not  normally  be purchased for personal use or consumption, for  the  purposes  of  reselling,  trading,  or  otherwise reentering such retail merchandise in commerce.