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People v. Tullo

313 N.E.2d 340, 34 N.Y.2d 712, 356 N.Y.S.2d 861, 1974 N.Y. LEXIS 1629
CourtNew York Court of Appeals
DecidedMay 2, 1974
StatusPublished
Cited by32 cases

This text of 313 N.E.2d 340 (People v. Tullo) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Tullo, 313 N.E.2d 340, 34 N.Y.2d 712, 356 N.Y.S.2d 861, 1974 N.Y. LEXIS 1629 (N.Y. 1974).

Opinion

[714]*714. Memorandum. Venue was properly laid in Nassau County. GPL 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) 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 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.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens concur in memorandum.

Order affirmed.

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Bluebook (online)
313 N.E.2d 340, 34 N.Y.2d 712, 356 N.Y.S.2d 861, 1974 N.Y. LEXIS 1629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tullo-ny-1974.