The U.S. Court of Appeals for the Second Circuit has rejected an inmate’s claim of ineffective assistance of counsel over his attorney’s decision not to challenge a show-up identification in the wake of a 1997 stabbing outside a Queens nightclub.
The circuit said New York state courts did not unreasonably apply the law because the nearly immediate show-up identification of defendant David Palacios was justified by exigent circumstances, and the attorney’s decision not to challenge the identification did not violate Mr. Palacios’ constitutional rights.
