United States Second Circuit

Denial of habeas petition challenging New York's first-degree kidnapping statute, N.Y. Penal Law section 135.25(3), as unconstitutionally vague under the Fourteenth Amendment is affirmed over claim that the law fails to specify a definite time period after which a victim's absence may give rise to a presumption that the victim is dead.

Appellate Information

• Decided 05/11/2007
• Published 05/11/2007

Judges

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

Court

• United States Second Circuit

Counsel

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


• For Appellees:
  
• 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.