Opinion
November 16, 1994
Appeal from the Monroe County Court, Connell, J.
Present — Green, J.P., Fallon, Wesley, Doerr and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was not denied effective assistance of counsel by his counsel's failure to make a timely motion to suppress (see, People v. Rivera, 71 N.Y.2d 705, 709). Defendant failed to demonstrate that there was no legitimate explanation for that failure (see, People v. Garcia, 75 N.Y.2d 973, 974; People v. Duvall, 190 A.D.2d 988, lv denied 81 N.Y.2d 1013). We conclude that defendant received meaningful representation (see, People v. Baldi, 54 N.Y.2d 137, 147).