People v. Greenberg

In People v. Greenberg (89 N.Y.2d 553, 678 N.E.2d 878, 656 N.Y.S.2d 192 [1997]), a case implicating venue concerns, the People contended that the defendant waived his claim of defect by failing to object pretrial to the county of prosecution. The Court disagreed, holding that, because the defendant was tried without a jury, it was sufficient that defense counsel alerted the court at the close of the People's case to the People's alleged failure to establish venue. The Court also reiterated the distinction between venue and territorial jurisdiction, observing that "venue issues--which relate only to the proper place of trial, rather than to the power of the court to hear and determine the case--are waivable. Failure to request a jury charge on venue thus amounts to waiver" (Greenberg, 89 N.Y.2d at 556).