THIBODEAU v. PORTUONDO

Docket No. 05-0149-pr.

486 F.3d 61 (2007)

Gary THIBODEAU, Petitioner-Appellant, v. Leonard PORTUONDO, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: May 11, 2007.


Attorney(s) appearing for the Case

Randi Juda Bianco, Bianco Law Offices, Syracuse, NY, for Petitioner-Appellant, on submission.

Michelle Maerov, Assistant Attorney General (Eliot Spitzer, Attorney General of the State of New York, Robin A. Forshaw, Deputy Solicitor General for Criminal Matters, on the brief), New York, NY, for Respondent-Appellee.

Before: JACOBS, Chief Judge, CARDAMONE and SOTOMAYOR, Circuit Judges.


SOTOMAYOR, Circuit Judge.

Petitioner-appellant Gary Thibodeau appeals from a judgment of the United States District Court for the Northern District of New York (McAvoy, J.), denying and dismissing his petition for a writ of habeas corpus, which challenged New York's first-degree kidnapping statute, N.Y. Penal Law § 135.25(3) ("section 135.25(3)"), as unconstitutionally vague under the Fourteenth Amendment's Due Process Clause. Thibodeau argues that the law, for...

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