People v. Tullo

*714. Memorandum. Venue was properly laid in Nassau County. GPL 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 quantum of proof — beyond a reasonable doubt. On this record we agree with the Appellate Division that the jury was justified in finding, even under the more stringent standard, that defendant’s conduct in…