THOMAS L. PELYCH, HORNELL, FOR DEFENDANT-APPELLANT.

BRITTANY GROME ANTONACCI, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Cayuga County Court (Thomas G. Leone, J.), rendered October 6, 2022. The judgment convicted defendant upon a jury verdict of robbery in the first degree and criminal possession of a weapon in the third degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of robbery in the first degree (Penal Law § 160.15 [3]) and criminal possession of a weapon in the third degree (§ 265.02 [1]).

We reject defendant's contention that he was deprived of effective assistance of counsel by defense counsel's failure to make a timely pretrial motion for a Mapp hearing. The failure to make a particular pretrial motion generally does not, by itself, establish ineffective assistance of counsel (see People v Rivera, 71 NY2d 705, 709 [1988]). Here, there was little or no chance that the motion, even if timely, would have been successful (see generally People v Thornton, 213 AD3d 1332, 1333 [4th Dept 2023], lv denied 39 NY3d 1157 [2023]). Moreover, viewing the evidence, the law, and the circumstances of the case together and as of the time of representation, we conclude that defense counsel provided meaningful representation (see People v Satterfield, 66 NY2d 796, 798-800 [1985]; People v Spencer, 209 AD2d 1011, 1011 [4th Dept 1994], lv denied 84 NY2d 1039 [1995]).

Contrary to defendant's further contention, his sentence is not unduly harsh or severe.

Entered: May 3, 2024

Ann Dillon Flynn

Clerk of the Court