Little v. Ercole, No. 1:2005cv06098 - Document 19 (E.D.N.Y. 2011)

Court Description: OPINION & ORDER: Petitioner's 1 habeas corpus petition is denied. The Court holds that the Second Department's decision rejecting petitioner's Batson claim and the New York Supreme Court's decision rejecting petitio ner's Brady and ineffective assistance of counsel claims were not "contrary to" or "an unreasonable application of" clearly established federal law. Because petitioner has failed to make a "substantial showing of the denial of a constitutional right," 28 U.S.C. § 2253(c)(2), the Court declines issue a Certificate of Appealability. In addition, this Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. The Clerk of Court is directed to enter judgment accordingly. SO ORDERED. (Ordered by Senior Judge Allyne R. Ross, on 4/28/2011) C/mailed by Chambers. (Forwarded for Judgment) (Latka-Mucha, Wieslawa)