New York Court of Appeals

The People of the State of New York, Respondent v. Alvaro Carvajal, Appellant

November 22, 20056 N.Y.3d 305

Summary

The Court of Appeals affirmed the Appellate Division, holding that New York exercised territorial jurisdiction over the defendant's three first‑degree criminal possession counts under CPL 20.20(1)(c) because a conspiracy to possess the drugs was conducted in New York. The Court declined to consider alternative jurisdictional bases and found the defendant’s conduct in New York sufficient. Justice G.B. Smith dissented, arguing that the convictions violated federal and state constitutional provisions and that jurisdiction could not be founded on constructive possession.