United States Second Circuit

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 the 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.

Appellate Information

• Decided 12/21/2009
• Published 12/21/2009

Judges

• JOHN M. WALKER, JR., Circuit Judge:, Before:  WALKER and SACK, Circuit Judges, and KOELTL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Lawrence T. Hausman (Steven Banks, on the brief), Legal Aid Society, Criminal Appeals Bureau, New York, NY, for Petitioner-Appellant.


• For Appellees:
  
• Jill A. Gross-Marks (John M. Castellano, on the brief), Assistant District Attorneys, for Richard A. Brown, District Attorney, Queens County, Kew Gardens, NY, for Respondents-Appellees.