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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

 

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