McLAUGHLIN, Circuit Judge:
Petitioner-Appellant John Rivera ("Rivera") was convicted on September 19, 1997, of one count of depraved indifference murder in violation of New York Penal Law § 125.25(2) after his estranged wife died from a single gunshot wound to the head at point-blank range. In December 2003, the Appellate Division rejected Rivera's direct appeal, People v. Rivera,
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