CRIMINAL JURY INSTRUCTIONS 2d

The Committee on Criminal Jury Instructions recognizes that the law does not required “venue” in a particular county to be proved beyond a reasonable doubt; venue need only be proven by a preponderance of the evidence. People v. Moore, 46 NY2d 1, 6 (1978). Because venue is, however, normally certain, to avoid a separate charge for venue in each charge, venue is included in the items to be proved beyond a reasonable doubt. If, however, venue is in issue, the trial court should strike the reference to the County in the elements, and insert the instruction on “venue” in CJI2d[NY] General Applicability, Geographical Jurisdiction, County Venue.

If the “territorial jurisdiction” of the State of New York is in issue, that must be proved beyond a reasonable doubt [People v. McLaughlin, 80 NY2d 466(1992)] and the trial court should insert the instruction on “territorial jurisdiction” in CJI2d[NY] General Applicability, Geographical Jurisdiction, Territorial Jurisdiction.