Judgment unanimously affirmed. Memorandum: The issues raised by defendant on appeal lack merit. The fact that defendant's counsel failed to make a suppression motion did not, by itself, establish ineffective assistance of counsel and defendant has not demonstrated the absence of strategic or other legitimate explanations for such failure (see, People v Rivera, 71 N.Y.2d 705, 708-709). From the evidence, the jury was entitled to find that, although defendant was intoxicated at the time of the homicide, he was not so intoxicated that he lacked the ability to form an intent to kill (see, People v Gerdvine, 210 N.Y. 184; People v Scott, 111 A.D.2d 45, 46). Whether defendant acted under extreme emotional disturbance was an issue for the jury, and its rejection of that defense was not against the weight of the evidence (see, People v Casassa, 49 N.Y.2d 668, cert denied 449 U.S. 842). Finally, the sentence of 21 years to life was not harsh and excessive.