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You are here: Home1 / Appeals2 / Failure to Request Jury Charge on Venue Waived Appeal of the Issue
Appeals, Criminal Law

Failure to Request Jury Charge on Venue Waived Appeal of the Issue

The Third Department determined the failure to request a jury charge on venue waived any related appellate issue:

Initially, to the extent that defendant contends that the People failed to prove by a preponderance of the evidence … that the underlying crimes  occurred  within the  geographical  jurisdiction of  Franklin County, we  note that “unlike territorial jurisdiction[,] which goes to the very essence of the State’s power to prosecute,” questions  regarding  geographical  jurisdiction or  venue are waivable … . Accordingly, inasmuch as defendant failed to request a jury charge on venue, she waived any challenge in this regard … .  People v Beauvais, 104590, 3rd Dept 4-4-13

 

April 4, 2013
Tags: APPEALS, GEOGRAPHICAL JURISDICTION, JURY INSTRUCTIONS, PRESERVATION OF ERROR, Third Department
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