CARVAJAL v. ARTUS

Docket No. 09-0826-pr.

633 F.3d 95 (2011)

Alvaro CARVAJAL, Petitioner-Appellant, v. Superintendent Dale ARTUS, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 25, 2011.


Attorney(s) appearing for the Case

Georgia J. Hinde , New York, NY, for Petitioner-Appellant.

Thomas B. Litsky , Assistant Attorney General ( Andrew M. Cuomo , Attorney General of the State of New York, Barbara D. Underwood , Solicitor General, Roseann B. MacKechnie , Deputy Solicitor General for Criminal Matters, on the brief), New York, NY, for Respondent-Appellee.

Before: JACOBS, Chief Judge, FEINBERG and CABRANES, Circuit Judges.


DENNIS JACOBS, Chief Judge:

Alvaro Carvajal, a New York State prisoner, appeals from the denial of an application for habeas corpus relief in the United States District Court for the Southern District of New York (McMahon, J.). He argues that his prosecution in New York for the unlawful possession of a controlled substance exceeded New York's criminal territorial jurisdiction, and thereby violated his federal constitutional rights, because both he and the drugs...

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