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04-4426 - Stewart v. People of the State of New York


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04-4426 - Stewart v. People of the State of New York
June 26, 2008
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MEMORANDUM AND OPINION, for all the foregoing reasons, the application for relief is denied and the petition is dismissed. Because petitioner has not "made a substantial showing of the denial of a constitutional right," 28 U.S.C. sec. 2253(c)(2), a certificate of appealability shall not issue. The Court certifies pursuant to 28 U.S.C. sec. 1915(a)(3) that any appeal would not be taken in good faith. (So Ordered by Chief Judge Raymond J. Dearie on 6/20/08). Fwd. for judgment.