People v. Howard

—Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that he was denied effective assistance of counsel based upon counsel’s failure, in moving for suppression of defendant’s *1001statement and physical evidence seized by the police, to challenge the legality of defendant’s arrest pursuant to Payton v New York (445 US 573). Defendant has not met his burden of demonstrating "the absence of strategic or other legitimate explanations for counsel’s failure to pursue” the Payton issue (People v Garcia, 75 NY2d 973, 974).

After defendant gave an equivocal response when asked…