People v. Allen

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Appelman, J.), rendered June 6, 1991, convicting him of criminal possession of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

We reject the defendant’s contention that he was denied the effective assistance of counsel. While it appears that his trial counsel failed to make a timely motion to suppress the physical evidence, it is settled that "a failure to move to suppress physical evidence does not, in and of itself, establish the…