is guilty of manslaughter in the first degree when: ... Being eighteen years old or more and with intent to cause physical injury to a person less than eleven years old, the defendant recklessly engages in conduct which creates a grave risk of serious physical injury to such person and thereby causes the death of such person.” N.Y. Penal Law § 125.20[4], 5 . Sweet also argued that his due process rights were violated and that he was denied a fair trial because he was charged with second degree murder and first degree manslaughter in the conjunctive instead of in the alternative. The district court rejected this argument. Because the Certificate of Appealability does not include this issue, we do not address it in this appeal. See Smaldone v. Senkowski, 273 F.3d 133, 139 (2d Cir.2001) (<HOLDING>). 6 . In its entirety, the Certificate of
holding that appellate review in a habeas ease is limited to the issues specified in the coa holding that appellate jurisdiction is limited to the issues contained in the certificate of appealability holding that under 28 usc  2253c1 certificate of appealability may issue only if the applicant has made a substantial showing of the denial of a constitutional right holding that appellate review is limited to the issues specified in the coa holding that a certificate of appealability issued without meeting the substantial showing of the denial of a constitutional right requirement nonetheless suffices to confer appellate jurisdiction quoting 28 usc  2253c2