The People of the State of New York, Respondent v. John Giordano, Joseph Giordano and Philip Cestaro, Appellants

Summary

The Court affirmed the Appellate Division’s order, holding that Nassau County had proper jurisdiction to prosecute the defendants for first‑degree promoting gambling because the hedging telephone calls constituted conduct sufficient to establish an element of the crime within the county, and that the trial court’s supplemental jury instruction error was harmless. Justice Titone dissented, arguing that the statutory elements require bookmaking to occur in the county and that the jurisdictional instruction was erroneous.