In a murder prosecution, the denial of petitioner's habeas petition alleging ineffective assistance of counsel is affirmed where: 1) it was not ineffective assistance to fail to raise a Fourth Amendment claim challenging a show-up, which involved exigent circumstances and, based on the totality of the circumstances, was reasonable; and 2) similarly, it was not ineffective assistance to fail to challenge petitioner's subsequent confession as the fruit of the show-up where there was an insufficient showing that the show-up was unconstitutional.
Argued: March 11, 2009
Decided: December 21, 2009
Opinion by Judge Walker
Jill A. Gross-Marks, John M. Castellano, Assistant District Attorneys, Queens County, Kew Gardens, NY