Defendant's contention that he was denied effective assistance of counsel because defense counsel did not advise him of the possibility of participation in the judicial diversion program or inform him of the maximum sentence he was facing relies on matters outside the record and must therefore be raised by motion pursuant to CPL 440.10 (see People v Barber, 192 A.D.3d 1679, 1680 [4th Dept 2021], lv denied 37 N.Y.3d 953 [2021]; People v Manning, 151 A.D.3d 1936, 1938 [4th Dept 2017], lv denied 30 N.Y.3d 951 [2017]). With respect to defendant's remaining claim of ineffective assistance of counsel, defendant has failed to establish "the absence of strategic or other legitimate explanations for counsel's allegedly deficient conduct" (People v Caban, 5 N.Y.3d 143, 152 [2005] [internal quotation marks omitted]).
Defendant's contention that he was denied effective assistance of counsel because defense counsel did not advise him of the possibility of participation in the judicial diversion program or inform him of the maximum sentence he was facing relies on matters outside the record and must therefore be raised by motion pursuant to CPL 440.10 (seePeople v. Barber , 192 A.D.3d 1679, 1680, 141 N.Y.S.3d 403 [4th Dept. 2021], lv denied 37 N.Y.3d 953, 147 N.Y.S.3d 508, 170 N.E.3d 382 [2021] ; People v. Manning , 151 A.D.3d 1936, 1938, 59 N.Y.S.3d 229 [4th Dept. 2017], lv denied 30 N.Y.3d 951, 67 N.Y.S.3d 135, 89 N.E.3d 525 [2017] ). With respect to defendant's remaining claim of ineffective assistance of counsel, defendant has failed to establish "the absence of strategic or other legitimate explanations for counsel's allegedly deficient conduct" ( People v. Caban , 5 N.Y.3d 143, 152, 800 N.Y.S.2d 70, 833 N.E.2d 213 [2005] [internal quotation marks omitted]).