(DOWNLOAD) "People State New York v. Sterling Moore" by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Sterling Moore
- Author : Court of Appeals of New York
- Release Date : January 30, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The defendant was indicted and convicted in Kings County for rape and sexual abuse in the first degree. The offenses allegedly occurred in the defendants car while parked in Queens County near the Kings County border. The trial court held, as a matter of law, that Kings County had jurisdiction to prosecute the offenses pursuant to CPL 20.40 (subd 4, pars [c], [g]). The Appellate Division reversed and ordered a new trial on the ground that a question of fact was presented as to whether the crimes were committed within 500 yards of the boundary between the two counties (see CPL 20.40, subd 4, par [c]). On this appeal the prosecutor urges that Kings County had jurisdiction pursuant to CPL 20.40 (subd 4, par [g]) which states: "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." The prosecutor also argues that there was no question of fact with respect to the application of the statute in this case.
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