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The People of the State of New York v. Thurlough Smyth

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS


October 31, 2011

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
THURLOUGH SMYTH,
APPELLANT.

Appeal from judgments of the Justice Court of the Village of Freeport, Nassau County (Cynthia R. Baker, J.), rendered May 12, 2010.

People v Smyth (Thurlough)

Decided on October 31, 2011

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: MOLIA, J.P., TANENBAUM and LaCAVA, JJ

The judgments convicted defendant, after a non-jury trial, of, respectively, speeding and failure to affix a registration sticker.

ORDERED that the judgments of conviction are affirmed.

Defendant was charged with speeding (Vehicle and Traffic Law § 1180 [b]) and failure to affix a registration sticker (Vehicle and Traffic Law § 403 [1]). After a non-jury trial, defendant was found guilty as charged. On appeal, defendant challenges the geographical jurisdiction of the Justice Court of the Village of Freeport over the offenses charged against him, arguing that venue was improper.

It is well settled that "unlike territorial jurisdiction (CPL 20.20) which goes to the very essence of the State's power to prosecute and which may never be waived - - questions relating only to the proper place for the trial are waivable" (People v McLaughlin, 80 NY2d 466, 471 [1992]). Defendant raises the issue of geographical jurisdiction (CPL 20.40, 20.50) for the first time on appeal, and, absent an objection at trial (CPL 470.05 [2]), this issue has not been preserved for appellate review (see People v McLaughlin, 80 NY2d 466, 471 [1992]; People v Hinds, 77 AD3d 429, 430 [2010]; People v Banks, 38 AD3d 938 [2007]; People v Sandoz, 248 AD2d 334 [1998]; People v Cohen, 32 Misc 3d 130[A], 2011 NY Slip Op 51309[U] [App Term, 9th & 10th Jud Dists 2011]; People v Schonfeld, 26 Misc 3d 74, 75 [App Term, 9th & 10th Jud Dists 2009]; People v Williams, 24 Misc 3d 131[A], 2009 NY Slip Op 51358[U] [App Term, 9th & 10th Jud Dists 2009]).

As we decline to review the issue as a matter of discretion in the interest of justice, the judgments of conviction are affirmed.

Molia, J.P., Tanenbaum and LaCava, JJ., concur.

Decision

Date: October 31, 2011

20111031

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