The Court of Appeals denied leave to appeal on June 30, 2005. See People v. McClary, 5 N.Y.3d 765, 834 N.E.2d 1270, 801 N.Y.S.2d 260 (2005). On April 28, 2006, McClary filed this timely pro se petition for a writ of habeas corpus, asserting the same three claims raised on direct appeal.