DENISE COTE, District Judge:
The Honorable Jack B. Weinstein issued a Certificate of Appealability with his denial of the petition filed by William Murden ("Murden") for a writ of habeas corpus. Murden asserts that his 1991 conviction for murder in the second degree in New York state court should be overturned because the jury was not given a charge on the partial affirmative defense of extreme emotional disturbance ("EED"). Specifically,
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