Robert Escalera v. Philip Coombe, Superintendent of Eastern Correctional Facility, Defendant

MESKILL, Circuit Judge:

New York state prisoner Robert Escalera appeals from a judgment entered by the United States District Court for the Eastern District of New York, Glasser, J., dismissing his habeas corpus petition. The court determined that the petition presented substantial questions for appellate review and issued a certificate of probable cause in accordance with Fed.R.App.P. 22(b).

We hold that the nature and presentation of Escalera’s state appellate brief was adequate to alert the New York state courts to the constitutional basis of his argument and that his claim was, therefore,…