Justice Steven Barrett
Burroughs was charged with multiple counts of criminal sale of a firearm, and conspiracy, related to an alleged scheme to sell guns to undercover officers. He moved for dismissal of the counts claiming there was no territorial jurisdiction to prosecute as most of the sales of the guns occurred in South Carolina. The court noted the sale of a firearm in Bronx County clearly gave the court jurisdiction, finding territorial jurisdiction for the conspiracy charge was also sufficiently established. However, it questioned whether the remaining substantive firearms counts pertaining to the guns purchased in South Carolina conferred jurisdiction on the court. It answered in the affirmative finding jurisdiction still existed based on the evidence establishing that Burroughs conspired to sell guns he believed were to be brought back to New York for resale. Also, while none of the alleged conduct occurred in New York, there existed territorial jurisdiction under Criminal Procedure Law §20.20(2)(b). The court stated despite whether the sales or resales took place in New York, as Burrough's conduct was performed with the intent the guns be brought back to New York for resale, jurisdiction over such offenses was conferred under §20.20(2)(b), denying dismissal.
