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MALAVE v. SMITH

Case No. 04-CV-0074(FB).

559 F.Supp.2d 264 (2008)

Anthony MALAVE, Petitioner, v. Joseph SMITH, Superintendent of Shawangunk Correctional Facility, Respondent.

United States District Court, E.D. New York.

June 17, 2008.

Attorney(s) appearing for the Case

Peter Markowitz, Esq., Hofstra Law Clinic, Hempstead, NY, for Petitioner.

Andrew Cuomo, Esq., Attorney General of the State of New York, by Alyson Joy Gill, Esq., Assistant Attorney General, New York, NY, for Respondent.

MEMORANDUM AND ORDER

BLOCK, Senior District Judge:

Anthony Malavé ("Malavé") is currently in custody pursuant to a judgment of the New York Supreme Court, Queens County. Pursuant to 28 U.S.C. § 2254, he petitions for a writ of habeas corpus.

Although Malavé has raised an assortment of claims, his central claim is that his trial counsel provided ineffective assistance by abandoning a motion to suppress an allegedly...

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