discussed Cited "see" Kirk v. Burge Aparicio v. Artuz, 269 F.3d 78, 94 (2d Cir.2001); accord Rosa v. McCray, 396 F.3d 210, 220 (2d Cir.) (“This standard of review applies whenever the state court has adjudicated the federal claim on the merits, regardless of whether the court has alluded to federal law in its decision.”), cert. denied, 546 U.S. 889 , 126 S.Ct. 215 , 163 L.Ed.2d 201 (2005).