Opinion
June 5, 1995
Appeal from the County Court, Westchester County (Lange, J.).
Ordered that the judgment is affirmed.
We disagree with the defendant's contention that he did not receive the effective assistance of counsel. The defense counsel's failure to make pretrial motions did not render her performance ineffective in this case (see, People v. Rivera, 71 N.Y.2d 705, 709; People v. Strempack, 71 N.Y.2d 1015; People v. Jackson, 186 A.D.2d 389). Under the totality of the circumstances, it cannot be said that the defendant was denied his constitutional right to the meaningful representation of counsel (see, People v. Baldi, 54 N.Y.2d 137).
The defendant's contention that the defense counsel incorrectly informed him that he would be eligible for work release in three years is dehors the record and may not be raised on the direct appeal (see, People v. Simon, 196 A.D.2d 851).
We have examined the defendant's remaining contentions, including those raised in his reply brief, and find them to be without merit. Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.