Geographical jurisdiction of offenses; jurisdiction of counties

§ 20.40 Geographical jurisdiction of offenses; jurisdiction of counties.\n A person may be convicted in an appropriate criminal court of a\nparticular county, of an offense of which the criminal courts of this\nstate have jurisdiction pursuant to section 20.20, committed either by\nhis or her own conduct or by the conduct of another for which he or she\nis legally accountable pursuant to section 20.00 of the penal law, when:\n 1. Conduct occurred within such county sufficient to establish:\n (a) An element of such offense; or\n (b) An attempt or a conspiracy to commit such offense; or\n 2. Even though none of the conduct constituting such offense may have\noccurred within such county:\n (a) The offense committed was a result offense and the result occurred\nin such county; or\n (b) The offense committed was one of homicide and the victim's body or\na part thereof was found in such county; or\n (c) Such conduct had, or was likely to have, a particular effect upon\nsuch county or a political subdivision or part thereof, and was\nperformed with intent that it would, or with knowledge that it was\nlikely to, have such particular effect therein; or\n (d) The offense committed was attempt, conspiracy or criminal\nsolicitation to commit a crime in such county; or\n (e) The offense committed was criminal facilitation of a felony\ncommitted in such county; or\n 3. The offense committed was one of omission to perform a duty imposed\nby law, which duty either was required to be or could properly have been\nperformed in such county. In such case, it is immaterial whether such\nperson was within or outside such county at the time of the omission; or\n 4. Jurisdiction of such offense is accorded to the courts of such\ncounty pursuant to any of the following rules:\n (a) An offense of abandonment of a child or non-support of a child may\nbe prosecuted in (i) any county in which such child resided during the\nperiod of abandonment or non-support, or (ii) any county in which such\nperson resided during such period, or (iii) any county in which such\nperson was present during such period, provided that he was arrested for\nsuch offense in such county or the criminal action therefor was\ncommenced while he was present therein.\n (b) An offense of bigamy may be prosecuted either in the county in\nwhich such offense was committed or in (i) any county in which bigamous\ncohabitation subsequently occurred, or (ii) any county in which such\nperson was present after the commission of the offense, provided that he\nwas arrested for such offense in such county or the criminal action\ntherefor was commenced while he was present therein.\n (c) An offense committed within five hundred yards of the boundary of\na particular county, and in an adjoining county of this state, may be\nprosecuted in either such county.\n (d) An offense committed anywhere on the Hudson river southward of the\nnorthern boundary of New York City, or anywhere on New York bay between\nStaten Island and Long Island, may be prosecuted in any of the five\ncounties of New York City.\n (e) An offense committed upon any bridge or in any tunnel having\nterminals in different counties may be prosecuted in any terminal\ncounty.\n (f) An offense committed on board a railroad train, aircraft or\nomnibus operating as a common carrier may be prosecuted in any county\nthrough or over which such common carrier passed during the particular\ntrip, or in any county in which such trip terminated or was scheduled to\nterminate.\n (g) An offense committed in a private vehicle during a trip thereof\nextending through more than one county may be prosecuted in any county\nthrough which such vehicle passed in the course of such trip.\n (h) An offense committed on board a vessel navigating or lying in any\nriver, canal or lake flowing through or situated within this state, may\nbe prosecuted in any county bordering upon such body of water, or in\nwhich it is located, or through which it passes; and if such offense was\ncommitted upon a vessel operating as a common carrier, it may be\nprosecuted in any county bordering upon any body of water upon which\nsuch vessel navigated or passed during the particular trip.\n (i) An offense committed in the Atlantic Ocean within two nautical\nmiles from the shore at high water mark may be prosecuted in an\nappropriate court of the county the shore line of which is closest to\nthe point where the offense was committed. A crime committed more than\ntwo nautical miles from the shore but within the boundary of this state\nmay be prosecuted in the supreme court of the county the shore line of\nwhich is closest to the point where the crime was committed.\n (j) An offense of forgery may be prosecuted in any county in which the\ndefendant, or another for whose conduct the defendant is legally\naccountable pursuant to section 20.00 of the penal law, possessed the\ninstrument.\n (k) An offense of offering of a false instrument for filing, or of\nlarceny by means of a false pretense therein, may be prosecuted (i) in\nany county in which such instrument was executed, in whole or in part,\nor (ii) in any county in which any of the goods or services for which\npayment or reimbursement is sought by means of such instrument were\npurported to have been provided.\n (l) An offense of identity theft or unlawful possession of personal\nidentifying information and all criminal acts committed as part of the\nsame criminal transaction as defined in subdivision two of section 40.10\nof this chapter may be prosecuted (i) in any county in which part of the\noffense took place regardless of whether the defendant was actually\npresent in such county, or (ii) in the county in which the person who\nsuffers financial loss resided at the time of the commission of the\noffense, or (iii) in the county where the person whose personal\nidentifying information was used in the commission of the offense\nresided at the time of the commission of the offense. The law\nenforcement agency of any such county shall take a police report of the\nmatter and provide the complainant with a copy of such report at no\ncharge.\n (m) An offense under the tax law or the penal law of filing a false or\nfraudulent return, report, document, declaration, statement, or filing,\nor of tax evasion, fraud, or larceny resulting from the filing of a\nfalse or fraudulent return, report, document, declaration, or filing in\nconnection with the payment of taxes to the state or a political\nsubdivision of the state, may be prosecuted in any county in which an\nunderlying transaction reflected, reported or required to be reflected\nor reported, in whole or part, on such return, report, document,\ndeclaration, statement, or filing occurred.\n (n) (i) An organized retail theft crime, where the defendant knows\nthat such crime is a part of a coordinated plan, scheme or venture of\norganized retail theft crimes committed by two or more persons, may be\nprosecuted in any county in which such defendant committed at least one\nsuch organized retail theft crime; provided, however, that the county of\nprosecution is contiguous to another county in which one or more of such\nother organized retail theft crimes was committed. Multiple organized\nretail theft crimes committed by the same defendant may be joined in one\nindictment if authorized and appropriate in accordance with the\nprovisions of section 200.20 of this chapter, provided, however, that\nnotwithstanding section 200.40 of this chapter, no more than one\ndefendant may be charged in the same indictment or prosecuted as part of\nthe same trial under this paragraph. For purposes of this paragraph, the\nfive counties that comprise New York city shall be deemed contiguous\nwith each other.\n (ii) For purposes of this paragraph, "organized retail theft crime"\nshall mean the crime of larceny, including by trick, fraud,\nembezzlement, stealing or false pretenses, of retail merchandise in\nquantities that would not normally be purchased for personal use or\nconsumption, for the purposes of reselling, trading, or otherwise\nreentering such retail merchandise in commerce.\n