NY2: Defense counsel not ineffective for not challenging cell phone search that apparently would lose

“Counsel’s failure to challenge the [cell phone] search warrant can be explained as a legitimate trial strategy because the application for the warrant was supported by probable cause, and the warrant was not unconstitutionally overbroad, despite a technical defect on the face of the warrant (see Groh v. Ramirez, ….).” People v. Smith, 2018 NY Slip Op 05498, 2018 N.Y. App. Div. LEXIS 5446 (2d Dept. July 26, 2018).*

Defendant was charged with fare evasion on the transit system. The trial court decided the case on Fourth Amendment grounds without either side raising it. Then the findings were confusing. The city appealed, and the court of appeals granted discretionary review and then dismisses it as improvidently granted because the record is undeveloped. City of Cleveland v. Williams, 2018-Ohio-2937 (8th Dist. July 26, 2018).*