United States District Court, S.D. New York
September 7, 2005.
JOSE ESCOBAR, Petitioner,
DANIEL A. SENKOWSKI, Respondent.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
The petition for a writ of habeas corpus is denied, largely for
the reasons set forth in the painstaking report and
recommendation of Magistrate Judge Theodore H. Katz, dated May
26, 2005, to which no objection has been filed. In so ruling,
however, the Court expresses no view as to whether the Appellate
Division's observation with respect to the prosecutor's summation
was a factual finding as opposed to a conclusion of law (see
Report and Recommendation at 32-33). As Magistrate Judge Katz
correctly ruled (id. at 33-34), the summation would not warrant
relief in any case.
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. § 1915(a)(3).
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