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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND FIGUEROA, Appellant.

Since defendant failed to raise his contention of ineffective assistance of counsel in his motion to vacate the judgment of conviction pursuant to CPL 440.10, the claim is not reviewable on direct appeal since it is based on facts dehors the record and trial counsel has had no opportunity to explain her trial tactics ( People v. Love, 57 N.Y.2d 998). This is not the rare case where it might be possible from the trial record alone, without the benefit of a complete record adduced through a CPL 440.10 motion, to reject all legitimate explanations for counsel's failure to pursue a colorable suppression issue ( People v. Rivera, 71 N.Y.2d 705, 709). To the extent that the existing record permits review, we find that defendant received meaningful representation ( see, People v. Hobot, 84 N.Y.2d 1021, 1024).

Concur — Lerner, P. J., Milonas, Ellerin, Rubin and Williams, JJ.

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PEOPLE v. FIGUEROA
(Oct 29, 1998)