In what circumstances will a plaintiff seek to have his ineffective assistance of counsel claim dismissed?

In view of the ineffective assistance of counsel claim, we are persuaded that we should exercise our discretion to reach the constitutional issue. However, in light of our conclusion that the court did not abuse its discretion when it excluded the inadmissible, irrelevant third party evidence, we reject defendant's claim that the exclusion of this evidence violated his due process rights. (See People v. Lewis, supra, 26 Cal.4th at pp. 372-373.)