Court of Appeals for the Second Circuit May 11, 2007, Docket 05-0149-pr (Gary Thibodeau v. Leonard Portuondo)

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.