misconduct unless the comments were so flagrant that they prejudiced the defendant). 116 . Fontenot v. State, 881 P.2d at 86. See also Strickland v. Washington, 466 U.S. 668, 687-89, 104 S.Ct. 2052, 2064-65, 80 L.Ed.2d 674 (1984). 117 . Id. at 694, 104 S.Ct. at 2068. See also Lockhart v. Fretwell, 506 U.S. -, 113 S.Ct. 838, 122 L.Ed.2d 180 (1993). 118 . Strickland v. Washington, 466 U.S. at 695, 104 S.Ct. at 2069. 119 . Strickland, v. Washington, 466 U.S. at 694, 104 S.Ct. at 2068. 120 . Williamson v. State, 812 P.2d 384, 413 (Okl.Cr.1991), cert. denied, - U.S. -, 112 S.Ct. 1592, 118 L.Ed.2d 308 (1992); Boltz v. State, 806 P.2d 1117, 1126 (Okl.Cr.1991), cert. denied, 502 U.S. 846, 112 S.Ct. 143, 116 L.Ed.2d 109 (1991). See also Dutton v. Brown, 812 F.2d 593, 598 (10th Cir.1987) (<HOLDING>). 121 . This issue has been rendered moot by
holding that the failure to recognize every possible legal argument did not render counsels performance constitutionally deficient holding that a fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight to reconstruct the circumstances of counsels challenged conduct and to evaluate the conduct from counsels perspective at the time holding counsels failure to object to victim impact testimony and evidence was not ineffective assistance of counsel when the trial record was silent as to counsels strategy recognizing that defendant must show 1 that counsels performance was deficient and 2 that counsels errors prejudiced the defense holding that counsels appellate strategy was reasonable given relevant new york supreme court appellate division precedents at the time of the appeal as a court must judge the reasonableness of the counsels challenged conduct on the facts ofthe particular case viewed as of the time of counsels conduct  and quoting strickland supra at 690 104 sct 2052