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Palacios v. Burge, No. 07-0470

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By FindLaw Staff on December 22, 2009 9:13 AM

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.

Read Palacios v. Burge, No. 07-0470

Appellate Information

Argued: March 11, 2009

Decided: December 21, 2009

Judges

Opinion by Judge Walker

Counsel

For Appellant:

Lawrence T. Hausman, Steven Banks, Legal Aid Society, Criminal Appeals Bureau, New York, NY

For Appellees:

Jill A. Gross-Marks, John M. Castellano, Assistant District Attorneys, Queens County, Kew Gardens, NY

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