People ex rel. Burroughs v. Warden, O.B.C.C., Corr. Facility

132 A.D.3d 469, 17 N.Y.S.3d 137

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 13, 2015
• Docket: 15863 341021/13 3216/10
• Status: Published

Opinion

Judgment (denominated an order), Supreme Court, Bronx County (Steven Barrett, J.), entered on or about December 17, 2013, denying the petition for a writ of habeas corpus, unanimously affirmed, without costs.

The court properly found that it has territorial jurisdiction over the offenses based on petitioner’s alleged sale of firearms to undercover officers in South Carolina, since they had planned this conduct in New York, and petitioner believed that the guns would be resold in New York. As the court found, the exception to New York jurisdiction set forth in CPL 20.30 (1) is inapplicable, since petitioner’s possession and sale of firearms violated federal law (see e.g. 18 USC § 922 [a] [5]). We have considered petitioner’s remaining arguments and find them unavailing.

Concur — Tom, J.P., Acosta, Richter and Kapnick, JJ.