Whether Certiorari should be granted to resolve a conflict between the Court of Appeals Second Circuit and the United States District Court, Eastern District of N.Y. related to New York State preservation requirement C.P.L. 470.05(2). And 470.15 [4](a) Appellate law.

And whether the district court erroneously overlooked petitioner's "alternative" claim raised on direct appeal that trial counsel was ineffective for failure to object properly, citing federal source/standard under Strickland, 104 S.Ct. 2052 (1984); 28 U.S.C. 2254 (b) (1), yet counsel objected in advance, to witness's illegal impeachment and threat testimony.

Whether irrelevant highly prejudicial injection of race a denial of due process infecting the fundamental fairness of the trial as contrary to, and an unreasonable application of federal law, was overcome by overwhelming evidence, "Holdings."

Whether the district court erroneously overlooked petitioner's ineffective assistance of counsel claim and whether the injection of race-related testimony denied due process