People v. Tullo
| Decision Date | 02 May 1974 |
| Citation | 356 N.Y.S.2d 861,313 N.E.2d 340,34 N.Y.2d 712 |
| Parties | , 313 N.E.2d 340 The PEOPLE of the State of New York, Respondent, v. Nicholas TULLO, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Eugene Murphy, New York City, James J. McDonough and Matthew Muraskin, Mineola, for appellant.
William Cahn, Dist. Atty. (Henry P. DeVine, Mineola, and John P. Della Ratta, Greenvale, of counsel), for respondent.
Venue was properly laid in Nassau County. CPL 20.40 (subd. 1, par. (a)) requires only that it be proved that conduct occurred within the county sufficient to establish one element of the offense. While venue may be established by a preponderance of the evidence (People v. Hetenyi, 304 N.Y. 80, 84, 106 N.E.2d 20, 21) in this instance the trial court's charge inadvertently called for a higher quantum of proof--beyond a reasonable doubt. On this record we agree with the Appellate Division, 41 A.D.2d 957, 343 N.Y.S.2d 984, that the jury was justified in finding, even under the more stringent standard, that defendant's conduct in Nassau County was sufficient to establish that his intent to murder was formulated in that county.
We have examined defendant's other contentions and find them to be without merit.
Order affirmed.
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