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PEOPLE v. MOORE

46 N.Y.2d 1 (1978)

The People of the State of New York, Appellant, v. Sterling Moore, Respondent.

Court of Appeals of the State of New York.

Decided November 30, 1978.

Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Howard M. Rubin of counsel), for appellant.

Lawrence J. D. Mort for respondent.

Judges GABRIELLI, FUCHSBERG and COOKE concur with Judge WACHTLER; Judge JASEN dissents and votes to reverse in a separate opinion in which Chief Judge BREITEL and Judge JONES concur.

WACHTLER, J.

The defendant was indicted and convicted in Kings County for rape and sexual abuse in the first degree. The offenses allegedly occurred in the defendant's car while parked in Queens County near the Kings County border. The trial court held, as a matter of law, that Kings County1 had jurisdiction to prosecute the offenses pursuant to CPL 20.40 (subd 4, pars [c], [g]). The...

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