Figueroa v. Heath
| Decision Date | 13 May 2011 |
| Docket Number | No. 10-CV-0121 (JFB),10-CV-0121 (JFB) |
| Parties | Raymond Figueroa, Petitioner, v. Philip D. Heath, Superintendent of Sing Sing C.F., Respondent. |
| Court | U.S. District Court — Eastern District of New York |
Raymond Figueroa ("petitioner" or "Figueroa") petitions this Court for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, to vacate his conviction entered on January 19, 2005, in the County Court, Suffolk County (the "trial court"), for Criminal Possession of a Controlled Substance in the Second Degree (N.Y. Penal Law § 220.18), Criminal Possession of a Controlled Substance in the Third Degree (N.Y. Penal Law § 220.16), Criminal Possession of a Controlled Substance in the Fourth Degree (N.Y. Penal Law § 220.09), and Criminal Possession of a Controlled Substance in the Seventh Degree (N.Y. Penal Law § 220.03). Petitioner was sentenced to seven separate determinate terms of imprisonment totaling eighteen years.
Figueroa challenges his conviction on the grounds that both his trial counsel and his appellate counsel were ineffective. For the reasons set forth below, the petition for a writ of habeas corpus is denied in its entirety on the merits.
The following facts are adduced from the instant petition and underlying record.
On November 22, 2003, Detectives William Maldonado ("Maldonado"), James Smith ("Smith"), and Detective Sergeant Kenneth Hamilton ("Hamilton") were conducting surveillance for narcotics activity in the parking lot of the "Coeds Bar" in Ronkonkoma, New York. (Tr. at 31-32.)The officers observed petitioner exit a vehicle parked in the lot and walk toward the establishment's entrance. (Id. at 34.) Petitioner met an individual who had exited the bar, and the two engaged in a hand-to-hand transaction. (Id. at 34-35.) Petitioner then returned to the vehicle, which exited the parking lot shortly thereafter. (Id. at 34, 37.) Detectives Maldonado, Smith, and Hamilton, believing they witnessed a narcotics transaction, followed the vehicle. (Id. at 37.)
The officers pulled the vehicle over for failing to signal while making a turn.(Id. at 37.) Maldonado approached the car and looked inside while speaking with the driver. (Id. at 38-39.) Maldonado observed what appeared to be crack cocaine on top of a CD holder located next to petitioner on the rear passenger seat, and he ordered the vehicle's occupants to exit the vehicle. (Id. at 39.) Maldonado then recovered the substance from the car. (Id.)Around this time, two police K-9 units arrived on-scene after driving by and observing the stop. (Id. at 40.) The K-9 officers helped secure the vehicle's occupants while Maldonado field-tested the recovered substance and Hamilton searched the vehicle. (Id. at 40-41.) After the field test of the recovered substance came back positive for cocaine, Maldonado placed all of the vehicle's occupants under arrest. (Id. at 69.) Maldonado then conducted a pat-down search of petitioner before placing him in the police vehicle and transporting him to the precinct. (Id. at 4344.)
Upon arrival at the police precinct, Maldonado conducted a more thorough search of petitioner. (Id. at 44-45.) During the search, Maldonado felt a bulge in front of petitioner's pelvic area. (Id. at 45.) As Maldonado attempted to remove the bulge, petitioner reached down, grabbed the item, and threw it in a trash can.(Id.)Maldonado recovered the item, which tested positive for cocaine. (Id. at 46, 166.)
On December 11, 2003, Detectives Maldonado, Smith, James Walker ("Walker"), and John Pinscotta ("Pinscotta"), and Detective Sergeant Hamilton were conducting a burglary investigation in Patchogue, New York. (Id. at 49-50.) While surveilling a house located at 206 Waverly Avenue, the officers observed a vehicle pull into the house's driveway. (Id. at 50.) The subject of the burglary investigation, Jason Schwab, exited the residence and approached the vehicle. (Id. at 50, 80-81.) Maldonado then observed Schwab engage with the vehicle's passenger in a hand-to-hand transaction, during which Maldonado believed he saw currency exchanged. (Id. at 51-52.) The passenger wore a yellow sweatshirt but was otherwise unidentifiable at that time by Maldonado. (Id. at 97-98.) After the hand-to-hand transaction was completed, Schwab returned to the residence, and the vehicle pulled out of the driveway and proceeded down the street. (Id. at 52-53.) Maldonado, having observed what he believed was a narcotics transaction, radioed Walker and Smith to stop the vehicle and investigate further. (Id. at 53.)
Detectives Walker and Smith stopped the vehicle after receiving the radio transmission from Maldonado. (Id. at 106.) As Walker approached the vehicle's passenger side, he observed the passenger, who was wearing a yellow-hooded sweatshirt, gesture towards his mouth with his right hand. (Id. at 106-07.) Walker believed that the passenger, later identified as petitioner, was trying to destroy evidence by swallowing narcotics. (Id. at 107, 109.) When Walker asked petitioner to exit the vehicle, petitioner ignored the request andturned away from Walker. (Id. at 108.) Walker placed his hand on petitioner's shoulder and again asked petitioner to exit the vehicle, which petitioner did after Walker opened the vehicle's door. (Id.)Upon exiting the car, petitioner immediately pressed his pelvis against the vehicle so that his entire body was pressed against the side of the car. (Id.)Fearing that petitioner was trying to hide a weapon, Walker reached in and patted petitioner's waistband. (Id. at 109-10.) Feeling nothing, Walker asked petitioner to turn around. (Id. at 110.) As Walker asked petitioner to open his mouth so Walker could check for drugs, Hamilton, who was standing next to Walker, observed a plastic bag protruding from petitioner's waistband. (Id. at 110-11.) Hamilton removed the bag, which held smaller bags containing a white substance that appeared to be cocaine. (Id. at 111.) Walker then placed petitioner under arrest, secured the evidence, and conducted a cursory search of petitioner's person. (Id. at 111-16.) Walker found no weapons or other items on petitioner during this initial search, and the officers subsequently transported petitioner to the police precinct. (Id. at 115-16.)
After arriving at the precinct, Walker placed petitioner in an interview room and handcuffed him to a desk. (Id. at 116.) Walker then left the precinct to assist Maldonado and another detective in apprehending Jason Schwab. (Id.)Approximately 20 minutes later, Walker returned to the precinct where petitioner was still handcuffed in the interview room. (Id. at 117.) Petitioner asked to use the restroom and was escorted there by Walker. (Id.) Once in the restroom, Walker removed the handcuffs and conducted a more thorough search of petitioner's person. (Id. at 11718.) During this search, Walker removed from petitioner's buttocks area a paper towel that contained two baggies filled with what appeared to be cocaine. (Id. at 118-19.)
Later that afternoon, petitioner asked to be brought to the hospital because he ingested a quantity of cocaine during the traffic stop and was not feeling well. (Id. at 122.) Walker accompanied petitioner to Brookhaven Memorial Hospital where petitioner spontaneously made several statements regarding his involvement with cocaine and his willingness to cooperate. (Id. at 122-25.)
On January 19, 2005, the jury found petitioner guilty on four counts of Criminal Possession of a Controlled Substance in the Third Degree, one count of Criminal Possession of a Controlled Substance in the Seventh Degree, one count of Criminal Possession of a Controlled Substance in the Second Degree, and one count of Criminal Possession of a Controlled Substance in the Fourth Degree. (Tr. at 333-36.)
Petitioner was sentenced on February 22, 2005 to a determinate term of imprisonment of eighteen years. Specifically, petitioner was sentenced to eight years on counts one and two, one year on count three, ten years on counts four through six, and six years on count seven. The sentences on counts one through three were to run concurrently with each other. The sentences on counts four through seven also would run concurrently with each other but would run consecutively to counts one through three. See People v. Figueroa, Ind. No. 00778-2004, slip op. at 1 (N.Y. County Ct. Suffolk Cnty. Dec. 16, 2008). (See also Resp't Answer ¶ 4.)
Petitioner appealed his conviction to the Appellate Division, Second Department. His appellate attorney raised one issue, namely, that the trial court improperly denied his motion to suppress physical evidence seized during the December 11, 2003 arrest. See People v. Figueroa, 833N.Y.S.2d 528, 529 (App. Div. 2007). (Petition ("Pet.") at App'x 5.) On March 20, 2007, the Appellate Division rejected petitioner's argument and affirmed his conviction. See Figueroa, 833 N.Y.S.2d at 529-30.
Petitioner sought leave to appeal the Appellate Division's decision to the New York Court of Appeals. The application for leave to appeal was denied on May 31, 2007. See People v. Figueroa, 869 N.E.2d 663 (N.Y. 2007).
On May 16, 2008, petitioner filed a pro se motion to vacate his conviction, pursuant to New York Criminal Procedure Law § 440.10, on the ground that he received ineffective assistance of trial counsel. (Pet. at 3.) In particular, petitioner argued that his trial counsel was ineffective because he: (1) failed to object to prosecutorial misconduct; (2) failed to move for dismissal of certain counts as multiplicitous; (3) failed to challenge or rehabilitate biased venirepersons; (4) failed to object to the prosecution's elicitation of inflammatory statements from a prospective juror, and elicited further inflammatory statements from that prospective juror; (5) failed to interview a defense witness prior to testifying; (6) failed to...
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