The People v. Leroy Carver, 53 N.E.3d 734 (NY 2016). · Go Syfert
The People v. Leroy Carver, 53 N.E.3d 734 (NY 2016). Cases Citing This Book View Copy Cite
70 citation events (70 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 2016 → 2026 · click a year to view as-of
2016 2021 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Khauka
N.Y. App. Div. · 2026 · confidence medium
A defendant is not required, however, to show that such a motion would have been meritorious in order to prevail on an ineffective assistance of counsel claim; the defendant must demonstrate only that there was an "absence of strategic or other [*2]legitimate explanations for counsel's failure to pursue [a] colorable [motion]" ( People v Carver , 27 NY3d 418, 420 [2016] [internal quotation marks omitted]).
discussed Cited as authority (rule) People v. Wyatt
N.Y. App. Div. · 2026 · confidence medium
To prevail on his claim of ineffective assistance of counsel, defendant "must demonstrate the absence of strategic or other legitimate explanations for [defense] counsel's failure to pursue colorable claims," and "[o]nly in the rare case will it be possible, based on the trial record alone, [*2]to deem [defense] counsel ineffective for failure to pursue a suppression motion" ( People v Carver , 27 NY3d 418, 420 [2016] [internal quotation marks omitted]; see People v Roots , 210 AD3d 1532, 1533-1534 [4th Dept 2022]).
cited Cited as authority (rule) People v. Howard
N.Y. App. Div. · 2024 · confidence medium
Meaningful representation is "reasonable competence, not perfect representation" ( People v Carver , 27 NY3d 418, 422 [2016] [internal quotation marks omitted]).
discussed Cited as authority (rule) People v. Wills
N.Y. App. Div. · 2024 · confidence medium
"To prevail on his claim, defendant must demonstrate the absence of strategic or other legitimate explanations for counsel's failure to pursue colorable claims," and "[o]nly in the rare case will it be possible, based on the trial record alone, to deem counsel ineffective for failure to pursue a suppression motion" ( People v Carver , 27 NY3d 418, 420 [2016] [internal quotation marks omitted]; see Rivera , 71 NY2d at 709 ).
discussed Cited as authority (rule) Leftenant v. The Attorney General of the State of New York
E.D.N.Y · 2023 · confidence medium
(See App. Br. at 20-27.) The Appellate Division denied Petitioner’s appeal on this ground, stating, “there can be no denial of effective assistance of trial counsel arising from counsel’s failure to make a motion that has little or no chance of success.” (App. Div. Decision at 2.) The Appellate Division found “counsel was not ineffective for failing to move to suppress evidence resulting from a traffic stop where, as here, there was no support in the record for such a motion.” (Id. (citing People v. Carver, 27 N.Y.3d 418, 421 (2016)).
discussed Cited as authority (rule) People v. Ingleston
N.Y. App. Div. · 2023 · confidence medium
Defendant's further contention that he was denied effective assistance of counsel must be raised by way of a motion pursuant to CPL article 440 inasmuch as this is not the "rare case [in which] . . . it [is] possible, based on the trial record alone, to deem counsel ineffective for failure to [adequately] pursue a suppression motion" ( People v Carver , 27 NY3d 418, 420 [2016]; see People v Roots , 210 AD3d 1532, 1534 [4th Dept 2022]; see generally People v Love , 57 NY2d 998, 1000 [1982]).
discussed Cited as authority (rule) People v. Keith A.B.
N.Y. App. Div. · 2023 · confidence medium
"To prevail on his claim of ineffective assistance of counsel, defendant 'must demonstrate the absence of strategic or other legitimate explanations for [defense] counsel's failure to pursue colorable claims,' and '[o]nly in the rare case will it be possible, based on the trial record alone, to deem [defense] counsel ineffective for failure to pursue a suppression [hearing]' " ( People v Roots , 210 AD3d 1532, 1533-1534 [4th Dept 2022], quoting People v Carver , 27 NY3d 418, 420 [2016]).
discussed Cited as authority (rule) People v. Roots (2×) also: Cited "see"
N.Y. App. Div. · 2022 · confidence medium
To prevail on his claim of ineffective assistance of counsel, defendant "must demonstrate the absence of strategic or other legitimate explanations for [defense] counsel's failure to pursue colorable claims," and "[o]nly in the rare case will it be possible, based on the trial record alone, to deem [defense] counsel ineffective for failure to pursue a suppression motion" ( People v Carver , 27 NY3d 418, 420 [2016] [internal quotation marks omitted]).
discussed Cited as authority (rule) People v. Kuforiji
N.Y. App. Div. · 2022 · confidence medium
Defendant has not shown that counsel's failure to move to reopen the hearing was objectively unreasonable, that such a motion would have been granted, or that a reopened hearing was reasonably likely to have resulted in suppression of any evidence ( see People v Carver , 27 NY3d 418, 420-421 [2016]; People v Smickle , 201 AD3d 525 , 526 [1st Dept 2022], lv denied 38 NY3d 954 [2022]).
discussed Cited as authority (rule) People v. Kuforiji
N.Y. App. Div. · 2022 · confidence medium
Defendant has not shown that counsel's failure to move to reopen the hearing was objectively unreasonable, that such a motion would have been granted, or that a reopened hearing was reasonably likely to have resulted in suppression of any evidence ( see People v Carver , 27 NY3d 418, 420-421 [2016]; People v Smickle , 201 AD3d 525 , 526 [1st Dept 2022], lv denied 38 NY3d 954 [2022]).THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
discussed Cited as authority (rule) People v. Grant (Dana)
N.Y. App. Term. · 2022 · confidence medium
Further, much about which defendant complains concerning the prosecutor's questioning of herself and commentary during summations was in fact not improper, and "[t]here can be no denial of effective assistance of trial counsel arising from counsel's failure to make a motion . . . that has little or no chance of success" ( People v Carver , 27 NY3d 418, 421 [2016] [internal quotation marks omitted]; see People v Caban , 5 NY3d 143, 152 [2005]).
discussed Cited as authority (rule) People v. Kejariwal (Varun)
N.Y. App. Term. · 2022 · confidence medium
Since only 43 or, at the most, 73 chargeable days had passed at the time of defendant's guilty plea, a motion to dismiss on statutory speedy trial grounds would have been frivolous. "[T]here can be no denial of effective assistance of trial counsel arising from counsel's failure to make a motion . . . that has little or no chance of success" ( People v Carver , 27 NY3d 418, 421 [2016] [internal quotation marks omitted]; see People v Caban , 5 NY3d 143, 152 [2005]).
discussed Cited as authority (rule) People v. Smickle
N.Y. App. Div. · 2022 · confidence medium
Defendant has not shown that counsel's failure to move to reopen the hearing was objectively unreasonable, that the motion would have been granted, that a reopened hearing was likely to have resulted in suppression of any evidence, or that such suppression would have affected the outcome of the case ( see People v Carver , 27 NY3d 418, 420-421 [2016]).
discussed Cited as authority (rule) People v. Smickle
N.Y. App. Div. · 2022 · confidence medium
Defendant has not shown that counsel's failure to move to reopen the hearing was objectively unreasonable, that the motion would have been granted, that a reopened hearing was likely to have resulted in suppression of any evidence, or that such suppression would have affected the outcome of the case ( see People v Carver , 27 NY3d 418, 420-421 [2016]).
discussed Cited as authority (rule) People v. Baldwin
N.Y. App. Div. · 2021 · confidence medium
In any event, counsel noted the mitigating factors set forth in the presentence investigation report and encouraged County Court to honor the bargained-for sentence, a position that hardly constitutes ineffective assistance ( see People v Carver , 27 NY3d 418, 421 [2016]; People v Hockenbury , 190 AD3d 1155, 1157 [2021], lv denied 37 NY3d 957 [2021]).
discussed Cited as authority (rule) People v. Chamberlain (Karen)
N.Y. App. Term. · 2021 · confidence medium
Defendant's trial attorney's failure to move to suppress evidence of defendant's refusal to take a chemical breath test did not amount to ineffective assistance since "[t]here can be no denial of effective assistance of trial counsel arising from counsel's failure to make a motion . . . that has little or no chance of success" ( People v Carver , 27 NY3d 418, 421 [2016] [internal quotation marks and citation omitted]; see People v Caban , 5 NY3d 143, 152 [2005]; People v Stultz , 2 NY3d 277, 287 [2004]).
discussed Cited as authority (rule) People v. Fernandez
N.Y. App. Div. · 2020 · confidence medium
In particular, trial counsel may have reasonably concluded that he had no nonfrivolous basis to contest the voluntariness of defendant's statements or his consent to a search of his apartment ( see People v Carver , 27 NY3d 418, 420-421 [2016]; People v Gray , 27 NY3d 78, 82 [2016]).
discussed Cited as authority (rule) People v. Avent
N.Y. App. Div. · 2019 · confidence medium
Here, defense counsel reviewed the presentence report, reiterated defendant's position that he was innocent, asked the court to consider the allegations raised in defendant's CPL 330.30 motion in considering its sentence, and asked the court "to consider the lower end of the scale." "Because defendant continued to deny all knowledge and responsibility related to the crime, he left counsel with little choice other than to reiterate defendant's position at trial" ( People v Carver , 27 NY3d 418, 421 [2016]).
discussed Cited as authority (rule) People v. Thacker
N.Y. App. Div. · 2019 · confidence medium
Counsel's failure to make motions directed at inconsistencies in the accusatory instruments had "little or no chance of success" — given the valid, superseding indictment — and, thus, did not constitute ineffective assistance ( People v Carver , 27 NY3d 418, 421 [2016] [internal quotation marks and citation omitted]; see People v Caban , 5 NY3d 143, 152 [2005]; People v Chaney , 160 AD3d 1281 , 1285-1286 [2018], lv denied 31 NY3d 1146 [2018]).
cited Cited as authority (rule) People v. Lindsey
N.Y. App. Div. · 2019 · confidence medium
Accordingly, under all of the circumstances, counsel's performance at sentencing did not amount to ineffective assistance ( see People v Carver , 27 NY3d 418, 421 [2016]).
cited Cited as authority (rule) People v. Tineo-Santos
N.Y. App. Div. · 2018 · confidence medium
Accordingly, defendant cannot meet his burden to "demonstrate the absence of strategic or other legitimate explanations" for counsel's actions ( People v Carver , 27 NY3d 418, 420 [2016]).
discussed Cited as authority (rule) People v. Fernandez
N.Y. App. Div. · 2018 · confidence medium
Defendant's claim that his counsel rendered ineffective assistance with regard to the suppression proceedings in this case is unreviewable on direct appeal because it involves matters that are not fully explained by the record ( see People v Carver , 27 NY3d 418, 420-421 [2016]; People v Rivera , 71 NY2d 705, 709 [1988]; People v Love , 57 NY2d 998 [1982]).
discussed Cited as authority (rule) People v. Crippen
N.Y. App. Div. · 2017 · confidence medium
When assessing a claim of ineffective assistance, “[t]he test ... is reasonable competence, not perfect representation” (People v Carver, 27 NY3d 418, 422 [2016] [internal quotation marks and citations omitted]).
discussed Cited as authority (rule) People v. Ragbirsingh
N.Y. App. Div. · 2017 · confidence medium
Moreover, trial counsel’s failure to move to suppress certain statements based on the alleged violation of the defendant’s indelible right to counsel did not constitute ineffective assistance of counsel since such a motion had little to no chance of success (see People v Carver, 27 NY3d 418, 420-421 [2016]; People v Rivera, 71 NY2d 705, 709 [1988]; People v Vonneida, 130 AD3d 1322, 1322-1323 [2015]; People v Coats, 195 AD2d 519, 519 [1993]).
discussed Cited as authority (rule) People v. Watkins
N.Y. App. Div. · 2017 · confidence medium
“To prevail on his claim, defendant must demonstrate the absence of strategic or other legitimate explanations for counsel’s failure to pursue colorable claims,” and “[o]nly in the rare case will it be possible, based on the trial record alone, to deem counsel ineffective for failure to pursue a suppression motion” (People v Carver, 27 NY3d 418, 420 [2016] [internal quotation marks omitted]; see Rivera, 71 NY2d at 709 ).
discussed Cited as authority (rule) People v. Perez
N.Y. App. Div. · 2017 · confidence medium
Even if there was a color-able basis upon which a motion to suppress evidence of the defendant’s refusal to submit to a chemical test could have been made, the defendant was not deprived of the effective assistance of counsel since the motion had little or no chance of success (s ee People v Carver, 27 NY3d 418, 420-421 [2016]).
discussed Cited as authority (rule) People v. Meade
N.Y. App. Div. · 2017 · confidence medium
Here, the record is devoid of any indication that counsel could have presented a colorable argument challenging the legality of the defendant’s arrest (see People v Carver, 27 NY3d 418, 420-421 [2016]).
discussed Cited as authority (rule) People v. Tucker
N.Y. App. Div. · 2017 · confidence medium
Defendant also complains that prior counsel should have moved to suppress evidence due to his warrantless arrest in his apartment but, insofar as the record reflects that defendant voluntarily accompanied investigators to the police station for questioning on the day he was arrested (see People v Locke, 25 AD3d 877, 879 [2006], lv denied 6 NY3d 835 [2006]; People v Baird, 111 AD2d 1044, 1045 [1985], lv denied 66 NY2d 761 [1985]), counsel was not ineffective in failing to make a doomed motion to suppress on those grounds (see People v Carver, 27 NY3d 418, 420-421 [2016]).
discussed Cited as authority (rule) People v. Tucker
N.Y. App. Div. · 2017 · confidence medium
Defendant also complains that prior counsel should have moved to suppress evidence due to his warrantless arrest in his apartment but, insofar as the record reflects that defendant voluntarily accompanied investigators to the police station for questioning on the day he was arrested (see People v Locke, 25 AD3d 877, 879 [2006], lv denied 6 NY3d 835 [2006]; People v Baird, 111 AD2d 1044, 1045 [1985], lv denied 66 NY2d 761 [1985]), counsel was not ineffective in failing to make a doomed motion to suppress on those grounds (see People v Carver, 27 NY3d 418, 420-421 [2016]).
discussed Cited as authority (rule) People v. Garcia
N.Y. App. Div. · 2017 · confidence medium
Here, considering the People’s responsive papers, which set forth the police investigation and identification of defendant as the suspect in the shootings, we conclude that there is no support in the record for a colorable argument for suppression inasmuch as the police had probable cause to arrest defendant (see People v Carver, 27 NY3d 418, 420-421 [2016]; People v Motter, 235 AD2d 582, 586 [1997], lv denied 89 NY2d 1038 [1997]).
discussed Cited as authority (rule) People v. Garcia
N.Y. App. Div. · 2017 · confidence medium
Here, considering the People’s responsive papers, which set forth the police investigation and identification of defendant as the suspect in the shootings, we conclude that there is no support in the record for a colorable argument for suppression inasmuch as the police had probable cause to arrest defendant (see People v Carver, 27 NY3d 418, 420-421 [2016]; People v Motter, 235 AD2d 582, 586 [1997], lv denied 89 NY2d 1038 [1997]).
discussed Cited as authority (rule) People v. VanGorden
N.Y. App. Div. · 2017 · confidence medium
We have reviewed the remaining allegations of ineffective assistance raised by defendant, and we conclude that he received meaningful representation (see generally People v Carver, 27 NY3d 418, 422 [2016]; People v Benevento, 91 NY2d 708, 712-713 [1998]).
discussed Cited as authority (rule) People v. VanGorden
N.Y. App. Div. · 2017 · confidence medium
We have reviewed the remaining allegations of ineffective assistance raised by defendant, and we conclude that he received meaningful representation (see generally People v Carver, 27 NY3d 418, 422 [2016]; People v Benevento, 91 NY2d 708, 712-713 [1998]).
discussed Cited as authority (rule) People v. Smith
N.Y. App. Div. · 2016 · confidence medium
Even assuming, arguendo, that defendant has a colorable claim that the People violated the notice requirements of CPL 700.70, we reject defendant’s claim that defense counsel was ineffective for failing to seek suppression of the evidence on that ground inasmuch as defendant made no showing that such failure “ ‘was not premised on strategy’ ” (People v Carver, 27 NY3d 418, 421 [2016]).
discussed Cited as authority (rule) People v. Smith
N.Y. App. Div. · 2016 · confidence medium
Even assuming, arguendo, that defendant has a colorable claim that the People violated the notice requirements of CPL 700.70, we reject defendant’s claim that defense counsel was ineffective for failing to seek suppression of the evidence on that ground inasmuch as defendant made no showing that such failure “ ‘was not premised on strategy’ ” (People v Carver, 27 NY3d 418, 421 [2016]).
discussed Cited as authority (rule) People v. Navarro
N.Y. App. Div. · 2016 · confidence medium
Defendant has not shown that the motion practice conducted by his attorneys was objectively unreasonable, or-that it resulted in unfairness or otherwise caused defendant any prejudice (see People v Carver, 27 NY3d 418, 420-421 [2016]).
discussed Cited as authority (rule) People v. Navarro
N.Y. App. Div. · 2016 · confidence medium
Defendant has not shown that the motion practice conducted by his attorneys was objectively unreasonable, or-that it resulted in unfairness or otherwise caused defendant any prejudice (see People v Carver, 27 NY3d 418, 420-421 [2016]).
discussed Cited as authority (rule) People v. McBride
N.Y. App. Div. · 2016 · confidence medium
Defendant has not shown that counsel’s failure to move to reopen the hearing was objectively unreasonable, that the motion would have been granted, or that a reopened hearing was likely to have resulted in suppression of defendant’s statement (see People v Carver, 27 NY3d 418, 420-421 [2016]).
discussed Cited as authority (rule) People v. Arias
N.Y. App. Div. · 2016 · confidence medium
Defendant has not shown that counsel’s decision not to challenge the predicate for the car stop that led to defendant’s arrest was objectively unreasonable, or that it caused defendant any prejudice (see People v Carver, 27 NY3d 418, 420-421 [2016]).
discussed Cited "see" People v. Parilla
N.Y. App. Div. · 2023 · signal: see · confidence high
Contrary to defendant's further contention, we conclude that defense counsel was not ineffective for failing to move to suppress the drugs located in a bedroom of a house at which defendant resided because "[t]here can be no denial of effective assistance of trial counsel arising from counsel's failure to 'make a motion or argument that has little or no chance of success' " ( People v Caban , 5 NY3d 143, 152 [2005]; see People v Carver , 27 NY3d 418, 421 [2016]).
discussed Cited "see" People v. Thornton
N.Y. App. Div. · 2023 · signal: see · confidence high
To prevail on a claim of ineffective assistance of counsel, however, "a defendant must demonstrate the absence of strategic or other legitimate explanations for counsel's failure to pursue 'colorable' claims" ( People v Garcia , 75 NY2d 973, 974 [1990], quoting People v Rivera , 71 NY2d 705, 709 [1988]; see People v Carver , 124 AD3d 1276 , 1276 [4th Dept 2015], affd 27 NY3d 418 [2016]).
discussed Cited "see" People v. Jones
N.Y. App. Div. · 2023 · signal: see · confidence high
Defendant failed to meet his burden of demonstrating "the absence of strategic or other legitimate explanations" for defense counsel's allegedly deficient conduct ( People v Rivera , 71 NY2d 705, 709 [1988]; see People v Carver , 27 NY3d 418, 421 [2016]).
discussed Cited "see" People v. McDonald
N.Y. App. Div. · 2019 · signal: see · confidence high
The sergeant lawfully, although forcibly, detained defendant for investigatory purposes based on his observation of defendant committing several traffic infractions ( see People v Pealer , 89 AD3d 1504, 1506 [4th Dept 2011], affd 20 NY3d 447 [2013], cert denied 571 US 846 [2013], rearg denied 24 NY3d 993 [2014]; see generally People v Carver , 124 AD3d 1276 , 1278 [4th Dept 2015], affd 27 NY3d 418 [2016]).
discussed Cited "see" People v. Hunt
N.Y. App. Div. · 2019 · signal: see · confidence high
Defendant failed to meet his burden of demonstrating "the absence of strategic [*2]or other legitimate explanations" for defense counsel's allegedly deficient conduct ( People v Rivera , 71 NY2d 705, 709 [1988]; see People v Carver , 27 NY3d 418, 421 [2016]).
discussed Cited "see" People v. Wilson
N.Y. App. Div. · 2018 · signal: see · confidence high
However, "[i]n the rare case," counsel will be deemed ineffective for failing, in the absence of strategic or other legitimate explanations, to pursue a colorable claim ( People v Rivera , 71 NY2d at 709 ; see People v Carver , 27 NY3d 418, 420 [2016]; People v Garcia , 75 NY2d 973, 974 [1990]).
discussed Cited "see" People v. Wilson
N.Y. App. Div. · 2018 · signal: see · confidence high
However, "[i]n the rare case," counsel will be deemed ineffective for failing, in the absence of strategic or other legitimate explanations, to pursue a colorable claim ( People v Rivera , 71 NY2d at 709 ; see People v Carver , 27 NY3d 418, 420 [2016]; People v Garcia , 75 NY2d 973, 974 [1990]).
discussed Cited "see" People v. Reed
N.Y. App. Div. · 2018 · signal: see · confidence high
We have considered defendant's remaining claims of ineffective assistance of counsel, and we conclude that he failed to meet his burden of demonstrating "the absence of strategic or other legitimate explanations" for defense counsel's allegedly deficient conduct ( People v Rivera , 71 NY2d 705, 709 [1988]; see People v Carver , 27 NY3d 418, 421 [2016]).
discussed Cited "see" People v. Person
N.Y. App. Div. · 2017 · signal: see · confidence high
We further conclude that defendant has not demonstrated the absence of a legitimate explanation for counsel’s alleged error in failing to move to reopen the suppression hearing when the victim gave testimony at trial tending to establish that the showup identification procedures were unduly suggestive (see People v Gray, 27 NY3d 78, 83-84 [2016]; People v Robles, 116 AD3d 1071, 1071 [2014], lv denied 24 NY3d 1088 [2014]; People v Elamin, 82 AD3d 1664, 1665 [2011], lv denied 17 NY3d 794 [2011]; see generally People v Carver, 27 NY3d 418, 420-421 [2016]).
discussed Cited "see" People v. Mesko
N.Y. App. Div. · 2017 · signal: see · confidence high
Perfection from counsel is not demanded and, “[v]iewing this case in its totality and as of the time of the representation, we are satisfied that defendant received meaningful representation” (People v Molano, 70 AD3d 1172, 1177 [2010], lv denied 15 NY3d 776 [2010]; see People v Carver, 27 NY3d 418, 422 [2016]).
discussed Cited "see" People v. Zayas-Torres
N.Y. App. Div. · 2016 · signal: see · confidence high
Defense counsel was not ineffective for failing to renew this argument at trial or to make various other arguments related to defendant’s allegedly improper arrest that defendant now contends should have been raised. “[F]ailure to make a motion or argument that has little or no chance of success” does not constitute the ineffective assistance of counsel (People v Caban, 5 NY3d 143, 152 [2005] [internal quotation marks and citation omitted]; see People v Carver, 27 NY3d 418, 421 [2016]).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Leroy Carver, Appellant
76.
New York Court of Appeals.
Jun 7, 2016.
53 N.E.3d 734
Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of counsel), for appellant., Sandra Doorley, District Attorney, Rochester (Scott Myles of counsel), for respondent.
Garcia, Difiore, Pigott, Rivera, Abdus-Salaam, Stein, Fahey.
Cited by 58 opinions  |  Published

OPINION OF THE COURT

Garcia, J.

Following a jury trial, defendant was convicted of two counts of burglary in the second degree (Penal Law § 140.25 [2]). The[*420] evidence established that defendant was in the front passenger seat of a vehicle that was stopped by a police officer who observed items obstructing the windshield in violation of the Vehicle and Traffic Law. Neither defendant nor the driver could produce identification, and both men provided false names and identifying information. The men also gave false information concerning their earlier whereabouts. The officer noticed that the men appeared to be “very anxious” and “very nervous,” and he also observed several large duffel bags on the backseat. A pair of gloves rested on top of one of the bags, and the edge of a laptop computer could be seen inside one of the open bags. While the officer returned to his patrol vehicle to run a records check, the driver of the vehicle fled on foot. The officer ran back and found that defendant had removed his seat belt and was attempting to get out of the car. Defendant was detained and frisked, and a digital camera — later determined to be stolen — was recovered from defendant’s coat pocket. While defendant was detained, the officer learned that two nearby homes had recently been burglarized. During a subsequent inventory search, a number of items belonging to the burglary victims were recovered from the vehicle.

Defendant challenges his conviction, contending that a series of alleged errors — stretching from pretrial proceedings through sentencing — deprived him of effective assistance of counsel. The Appellate Division, with two Justices dissenting, affirmed, concluding that defendant was afforded meaningful representation (People v Carver, 124 AD3d 1276 [4th Dept 2015]). A Justice of the Appellate Division granted leave to appeal. We similarly reject defendant’s claims.

Defendant first argues that his trial attorney was ineffective for failing to seek suppression of the stolen property by challenging the legality of the traffic stop and the “pat down” incident to defendant’s detention. To prevail on his claim, defendant must demonstrate “the absence of strategic or other legitimate explanations for counsel’s failure to pursue ‘color-able’ claims” (People v Garcia, 75 NY2d 973, 974 [1990], citing People v Rivera, 71 NY2d 705, 709 [1988]). Only in the “rare case” will it be possible, based on the trial record alone, to deem counsel ineffective for failure to pursue a suppression motion (Rivera, 71 NY2d at 709).

Here, the record on direct appeal is devoid of any indication that counsel could have presented a colorable argument[*421] challenging the legality of the traffic stop. The arresting officer provided uncontested testimony at trial concerning the Vehicle and Traffic Law violation that supplied the basis for the stop. Defendant failed to contradict this testimony, or to otherwise supply any evidence that the stop was unlawful. While a meritorious suppression motion would have been detrimental to the prosecution’s case, “[t]here can be no denial of effective assistance of trial counsel arising from counsel’s failure to ‘make a motion . . . that has little or no chance of success’ ” (People v Caban, 5 NY3d 143, 152 [2005], quoting People v Stultz, 2 NY3d 277, 287 [2004]). We decline to deem counsel ineffective for failing to challenge the legality of the stop where, as here, there is no support in the record for such a motion (see id.).

Assuming a colorable challenge to the legality of the frisk incident to defendant’s detention could be grounded in this record, as the Appellate Division noted, counsel may have made a legitimate strategic decision not to move to suppress (Carver, 124 AD3d at 1278-1279). On this record alone, we have no reason to discount the possible strategic explanations for counsel’s decision. Because defendant “made no showing that counsel’s failure to seek a suppression hearing was not premised on strategy,” his claim must be rejected (Rivera, 71 NY2d at 709). In addition, because the remaining evidence demonstrated that defendant was in a vehicle containing a number of recently-stolen items, a challenge to the frisk would have had little to no effect on the outcome.

Defendant also contends that counsel failed to provide meaningful representation at sentencing, pointing to counsel’s brief statement referencing “the facts of the case . . . [and] what [the defense’s] position has been throughout.” We reject defendant’s contention. At sentencing, defense counsel was aware that the court had received the presentence investigation report, and was otherwise aware of the mitigating factors that defendant now claims should have been raised by counsel. Moreover, before defense counsel was asked to speak, defendant presented his own argument with regard to sentencing, emphasizing that he knew nothing about the crime and that he “didn’t do anything” wrong. Because defendant continued to deny all knowledge and responsibility related to the crime, he left counsel with little choice other than to reiterate defendant’s position at trial. On this record, we cannot agree that counsel’s performance at sentencing amounted to ineffective assistance.

[*422] We have considered defendant’s remaining arguments regarding counsel’s performance and conclude that they are without merit. The test for effectiveness is “reasonable competence, not perfect representation” (People v Oathout, 21 NY3d 127, 128 [2013]). In essence, defendant asks that we comb the record and parse each of counsel’s strategic judgments with the clarity of hindsight. We are unswayed by defendant’s attempt to buttress his claim by labeling each such decision “ineffective.” Here, “viewed in totality and as of the time of the representation,” counsel “provided meaningful representation” (People v Baldi, 54 NY2d 137, 147 [1981]).

The order of the Appellate Division should be affirmed.

Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam and Stein concur; Judge Fahey taking no part.

Order affirmed.