Malave v. Smith

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 involuntary statement; the Court appointed counsel and conducted a hearing on that claim.

Despite habeas counsel’s admirable performance, the Court concludes that although trial…