Defendant appeals from a judgment of the Criminal Court, New York County (Patricia M. Nunez, J.), rendered October 16, 2002, convicting him, upon a plea of guilty, of criminal possession of a weapon in the fourth degree, and imposing sentence, and from an order of the same court (Barbara Jaffe, J.), entered June 6, 2003, which denied his motion to set aside the guilty plea.

PER CURIAM:

Judgment of conviction (Patricia M. Nunez, J.), rendered October 16, 2002, affirmed, and order (Barbara Jaffe, J.), entered June 6, 2003, affirmed.

Defendant's ineffective assistance of counsel claim is unreviewable on direct appeal because it involves matters outside the record concerning counsel's reasons for failing to make a suppression motion (see People v Love, 57 NY2d 998 [1982]). To the extent that the existing record permits review, it does not support a finding that defendant was denied meaningful representation (see People v Ford, 86 NY2d 397 [1995]). Defendant has failed to demonstrate "the absence of strategic or other legitimate explanations" (People v Rivera, 71 NY2d 705, 709 [1988]) for counsel's conduct. The record demonstrates that counsel could have reasonably forgone a suppression motion in order to obtain a favorable disposition.

This constitutes the decision and order of the court.
I concur I concur
Decision Date: November 28, 2006