Marcus Mosby v. Daniel Senkowski

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 Constitution. The state trial court ruled that Mosby lacked standing to challenge his warrantless arrest because he did not live in the…