Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant was denied his constitutional right to effective assistance of counsel by trial counsel's failure to challenge the admissibility of defendant's statement to the police on the ground that it was obtained through violation of Payton v. New York ( 445 U.S. 573). The police arrested defendant in his motel room, without a warrant, after breaking the lock on the door. Although we need not pass on the question of whether a Payton violation occurred under such circumstances, the manner of the arrest and the critical nature of the evidence which flowed from it clearly required that the statement be challenged on this ground (see, People v. Sanin, 84 A.D.2d 681, 682). Defense counsel's failure to address the Payton issue was a fatal deficiency rendering counsel's representation ineffective and not meaningful (see, People v. Baldi, 54 N.Y.2d 137, 147; People v Sanford, 148 A.D.2d 999; People v. Trait, 139 A.D.2d 937, lv denied 72 N.Y.2d 867; People v. Ferguson, 114 A.D.2d 226, 230). In view of our holding, there is no need to review the other issues raised by defendant on appeal.