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FERNANDO BOSQUE v. COMMISSIONER OF CORRECTION (AC 32141)
Lavine, Bear and West, Js. Argued April 18--officially released July 26, 2011

(Appeal from Superior Court, judicial district of Tolland, T. Santos, J.) Justine F. Miller, special public defender, for the appellant (petitioner). Susann E. Gill, supervisory assistant state's attorney, with whom, on the brief, were John C. Smriga, state's attorney, Adam E. Mattei, special deputy assistant state's attorney, and Gerard P. Eisenman, senior assistant state's attorney, for the appellee (respondent).

Opinion

WEST, J. The petitioner, Fernando Bosque, appeals following the habeas court's denial of his petition for certification to appeal from the judgment denying his amended petition for a writ of habeas corpus. On appeal, the petitioner claims that the court abused its discretion when it denied his petition for certification to appeal and improperly rejected his claim that his trial counsel rendered ineffective assistance by failing to file a motion to suppress the petitioner's statement to police. We dismiss the appeal. The relevant facts and underlying procedural history were set forth by this court in a decision affirming the petitioner's conviction; see State v. Bosque, 106 Conn. App. 452, 942 A.2d 1036, cert. denied, 287 Conn. 913, 950 A.2d 1288 (2008); and in the habeas court's memorandum of decision. ``On the basis of the evidence presented at trial, the jury reasonably could have found the following facts. At approximately 1:30 a.m. on November 5, 2004, the [petitioner], his brother, Benjamin Bosque, and Roberto Figueroa went to a Bridgeport apartment, a residence shared by three males and a female, all of whom were college students. The [petitioner] and his accomplices forcibly gained entry to the apartment after ringing the doorbell. The [petitioner] and his brother wore masks and brandished BB guns. Initially, three of the residents were at the apartment along with another male visitor. Thereafter, the fourth resident arrived home from work. At gunpoint, the intruders verbally disparaged, threatened and physically assaulted the occupants of the apartment and forced them into one room. The intruders ransacked the apartment for valuables, taking items such as home electronics, jewelry, mobile phones, cash and automatic teller machine cards. The intruders also forced the victims to reveal their personal identification numbers. During the invasion, the [petitioner] participated in a sexual assault of the female victim. Following their departure from the apartment, the [petitioner] and his accomplices took the stolen items to the home of the [petitioner's] mother and proceeded to a bank where they withdrew money from the victims' bank accounts.'' Id., 454. The petitioner was charged with conspiracy to commit robbery in the first degree in violation of General Statutes

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