Villacreses v. Rivera

MEMORANDUM DECISION AND ORDER

COGAN, District Judge.

In this habeas corpus petition pursuant to 28 U.S.C. § 2254, petitioner asserts two grounds for relief: (1) ineffective assistance of counsel at pretrial proceedings and trial; and (2) violation of due process by use of an unduly suggestive line-up. I find both claims to be without merit and therefore dismiss the petition.

BACKGROUND

Petitioner’s conviction a gas station robbery in Queens. An eyewitness, Jozef Soltys, observed petitioner and an associate fleeing from the scene and speeding away in a white van. Soltys and the storeowner, the…