People v. Moore

OPINION OF THE COURT

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 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…