Opinion
2010-2009 N CR
10-31-2011
The People of the State of New York, Respondent, v. Thurlough Smyth, Appellant.
PRESENT: : , J.P., TANENBAUM and LaCAVA, JJ
Appeal from judgments of the Justice Court of the Village of Freeport, Nassau County (Cynthia R. Baker, J.), rendered May 12, 2010. The judgments convicted defendant, after a nonjury 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 nonjury 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.