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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN KING, Appellant.

Ordered that the judgment is affirmed.

The defendant's contention that he was denied his right to the effective assistance of counsel is without merit. The failure of counsel to make a pretrial motion to suppress identification evidence does not, in and of itself, constitute a basis for a finding of ineffectiveness (see, People v. Shuler, 149 A.D.2d 634; People v. Morris, 100 A.D.2d 630, affd. 64 N.Y.2d 803). The defendant's claim of ineffective assistance of counsel predicated upon his contention that his counsel improperly deprived him of the opportunity to be present at the Sandoval hearing is dehors the record and, therefore, not properly before this court.

Based on the record before us, meaningful representation was provided to the defendant (see, People v. Satterfield, 66 N.Y.2d 796; People v. Baldi, 54 N.Y.2d 137, 146-147). Thompson, J.P., Lawrence, Kunzeman and Rosenblatt, JJ., concur.

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PEOPLE v. KING
(Dec 24, 1990)