If a defense counsel made an error on Page 13 in admitting an expert opinion that said the victim could not breathe when she was strangled, can that error be grounds for ineffectiveness?

But even if this expert opinion testimony was not properly admitted, we need not decide whether defense counsel's performance was actually deficient under the circumstances. "If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice . . . that course should be followed." (Strickland v. Washington (1984) 466 U.S. 668, 697 [80 L.Ed.2d 674] (Strickland).) Given the evidence, any error

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in admitting the expert opinion testimony is harmless. The victim testified she could not breathe when defendant stole up behind her, placed both his hands around her neck, and squeezed. She was scared and tried to get him off of her. She testified she lost consciousness when defendant choked her. The jury saw the surveillance video that shows defendant strangling the victim and her body going limp, her limbs stiffening, and her falling off the chair and to the floor unconscious. Photographic evidence showed red marks and scratches around her neck. Defendant himself admitted to "choking her out" during a recorded jail phone call. In light of the evidence presented at trial, we conclude defendant cannot show a reasonable probability a more favorable determination would have resulted. That is, on this record, defendant has not established a sufficient probability to undermine confidence in the outcome of the trial. (People v. Bolin (1998) 18 Cal.4th 297, 333.)