Golb v. Attorney General of the State of New York, No. 16-0452 (2d Cir. 2017)Annotate this Case
Petitioner challenged the denial of his habeas corpus relief in regard to his state convictions for criminal impersonation and forgery. The Second Circuit held that four of the criminal impersonation convictions must be vacated under Shuttlesworth v. City of Birmingham, 382 U.S. 87 (1965), but that five of them were reliably supported by the evidence; the criminal impersonation statute was not unconstitutionally vague or overbroad; the criminal forgery statute, as interpreted by the trial court and the court of appeals, was so clearly overbroad as to be facially unconstitutional notwithstanding AEDPA deference; and thus the court narrowed the statute to save it, and granted the habeas petition as to some (but not all) of the forgery convictions.