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MOSBY v. SENKOWSKI

Docket No. 05-1122-pr.

470 F.3d 515 (2006)

Marcus MOSBY, Petitioner-Appellant, v. Daniel SENKOWSKI, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: November 30, 2006.

Attorney(s) appearing for the Case

Georgia J. Hinde, New York, NY, for Petitioner-Appellant.

Loretta S. Courtney (Michael C. Green, District Attorney of Monroe County, on the brief), Assistant District Attorney of Monroe County, Rochester, NY, for Respondent-Appellee.

Before: JACOBS, Chief Judge, B.D. PARKER, Circuit Judge, and OBERDORFER, District Judge.

B.D. PARKER, JR., Circuit Judge.

Marcus Mosby appeals from a judgment of the United States District Court for the Western District of New York (Richard J. Arcara, Chief Judge) denying his petition for a writ of habeas corpus. Mosby contends that he was denied his Sixth Amendment right to effective assistance of appellate counsel when, on direct appeal, his counsel failed to raise a suppression issue arising under the Fourth Amendment and the New York State...

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