does not promise anything to the witnesses prior to their testimony.” Shabazz, 336 F.3d at 165. Moreover, a witness’s "general and hopeful expectation of leniency is not enough to create an agreement or an understanding that [he] would, in fact, receive leniency in exchange for [his] testimony.” Id. at 163 (citation and internal quotation marks omitted). 9 . Respondent advises that Deyo’s CPL § 440.10 motion was denied following a hearing. R. Mem. at 28, n. 7. 10 . As respondent notes, Deyo’s affidavit in support of his own § 440.10 motion also was not part of the record on appeal in petitioner’s direct appeal. R. Mem. at 32. 11 . Citation is to the pagination provided by CM/ECF. 12 . Miller-El, 537 U.S. at 336, 123 S.Ct. 1029; see Richardson v. Greene, 497 F.3d 212, 217 (2d Cir.2007)
holding that either the district court or the court of appeals must issue a certificate of appealability on both the merits and the procedural bar before we can consider the merits of a claim that the district court held to be procedurally barred holding when a district court denies a habeas claim on procedural grounds without reaching the underlying constitutional claim a coa may issue only when the petitioner shows that reasonable jurists would find it debatable whether 1 the claim is a valid assertion of the denial of a constitutional right and 2 the district courts procedural ruling was correct holding that if the court denies a habeas petition on procedural grounds the certificate of appealability must show that jurists of reason would find debatable two issues 1 that the district court was correct in its procedural ruling and 2 that the applicant has established a valid constitutional violation emphasis in original holding that when a district court dismisses a habeas petition on procedural grounds a petitioner is entitled to a coa only if he shows both that reasonable jurists would find it debatable whether he had stated a valid constitutional claim and debatable whether the district courts procedural ruling was correct holding that when a district court dismisses a habeas petition on procedural grounds a petitioner is entitled to a coa only if he shows both that reasonable jurists would conclude it debatable whether he had stated a valid constitutional claim and debatable whether the district courts procedural ruling was correct