Opinion
No. 03 Civ. 6322 (LAK).
October 14, 2004
ORDER
Petitioner objects to the report and recommendation of Magistrate Judge Gorenstein, which recommended denial of his petition for a writ of habeas corpus. The objections are without merit, substantially for the reasons stated by Judge Gorenstein. The Court makes only the following additional point.
With respect to petitioner's claim that the trial court failed to conduct an appropriate inquiry with respect to alleged juror misconduct, the Appellate Division explicitly held to the contrary. People v. Ledesma, 300 A.D.2d 72, 750 N.Y.S.2d 755 (1st Dept. 2002), leave to appeal denied, 100 N.Y.2d 563 (2003). That ruling plainly was not contrary to, or an unreasonable application of, clearly established federal law. See, e.g., Ida v. United States, 191 F. Supp.2d 426, 432-33 (S.D.N.Y. 2002) (collecting cases), appeal dismissed and certificate of appealability denied, No. 02-2416 (2d Cir. Sept. 16, 2003).
The petition is denied. A certificate of appealability is denied, and the Court certifies that any appeal herefrom would not be taken in good faith within the meaning of 28 U.S.C. § 915(a)(3). The Clerk shall close the case.
SO ORDERED.