Carvajal v. Artus

Filing 20

SUPPLEMENTAL MEMORANDUM AND DECISION ADOPTING REPORT AND RECOMMENDATION AS THE DECISION OF THE COURT: for 17 Report and Recommendations. In short, while the court understands the State's desire to see this matter end, it appears advisable to accept the Magistrate Judge's recommendation that the Second Circuit look, if it wishes to do so, at the federal constitutional question underlying Carvajal's attack on New York's power to try him for out-of-state drug possession on th e basis of his participation in a conspiracy to distribute those drugs in New York. The Report is adopted as the opinion of the court. The Recommendation is accepted. The Clerk of the Court is directed to enter judgment dismissing the petition and to issue a certificate of appealability limited to the issue of whether New York lacked territorial jurisdiction to try petitioner for the three counts of criminal possession of a controlled substance. (Signed by Judge Colleen McMahon on 1/9/2009) Copies Mailed By Chambers.(tve)

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