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PEOPLE v. TULLO

34 N.Y.2d 712 (1974)

The People of the State of New York, Respondent, v. Nicholas Tullo, Appellant.

Court of Appeals of the State of New York.

Decided May 2, 1974.

Attorney(s) appearing for the Case

Eugene Murphy, James J. McDonough and Matthew Muraskin for appellant.

William Cahn, District Attorney (Henry P. DeVine and John P. Della Ratta of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur in memorandum.

MEMORANDUM.

Venue was properly laid in Nassau County. CPL 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...

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