N.Y. Criminal Procedure Law § 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.